HomeMy WebLinkAboutC-3394(B) - Dover Drive Zone II Water Main Replacement and Street Rehabilitation from Cliff Drive to West Coast Highway0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, CMC
February 11, 2004
Albert W. Davies, Inc.
8737 Helms Avenue
Rancho Cucamonga, CA 91730
Subject: Dover Drive Zone II Water Main Replacement and Street
Rehabilitation from Cliff Drive to West Coast Highway (C -3394)
To Whom It May Concern:
On February 11, 2003, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code and to
release the Faithful Performance Bond one year after Council acceptance.
The Labor & Materials Bond was released on April 14, 2003. The Surety for the
contract is Fidelity and Deposit Company of Maryland, and the bond number is
8549603. Enclosed is the Faithful Performance Bond.
Sincerely, 7n
la 6JJ-7ti•� -- v�
LaVonne M. Harkless, CMC
City Clerk
cc: Public Works Department
Michael J. Smacori, Project Manager
enclosure
3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
PAGE 16
EXECUTED IN QUADRUPLICATE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 6,097.00
being at the rate of $ 10.00/$8.00/$7 .00 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Albert W. Davies, Inc., hereinafter designated as the "Principal ", a contract
for construction of DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY, Contract No. 3394 in
the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other
Contract Documents maintained in the Public Works Department of the City of Newport Beach, all
of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3394 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY
OF MARYLAND , duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport
Beach, in the sum of seven hundred seventy thousand, nine hundred thirty -one and 001100
Dollars ($770,931.00) lawful money of the United States of America, said sum being equal to
100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
0
0
PAGE 17
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 14THday of DECEMBER , 2001.
Albert W. Davies, Inc. (Principal) Authorized Signature/Title V,
FIDELITY AND DEPOSIT
r'nMPANY nF MARVT.ANn
Name of Surety
225 S. LAKE AVENUE, SUITE 700
PASADENA, CA 91101.
Address of Surety
626- 792 -2311
Telephone
Z-' ' Imo, /1
Authorized Agent Signatu—�
DWIGHT REILLY, ATTORNEY -IN -FACT.
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
•
s
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
Slate of California
ss.
County of �� R�,it>,&_;i- d ,Lnc7
On 12--A6-C, before me, ii llix J v L1ZL S5S5. krC AiZ1I f c• rj ,1 L.
Delc NCmF anc ili�x of OnmGr (o,W .'Jnnn OaC. t +mcry' Geirr',
personally appeared h��T z as _.. �a V I, j
KEL`rIE JO CROSS
F COMM.7F1222218 �d-'r
U NOTARY PUBLIC - CALIFORNIA U
Ip .. SAN ¢ERNARDINO COUNTY �
My Comm. Expires June 25.2003
"'personally known to me
proved to me oc the basis of satisfactory
evicence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged to me that he /shelthey executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or
the eniity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
?Pj10 1 rA
Plsce Neon' Seet Abwe 91gne1uNOtet; PODItD
OPTIONAL
7hou9h the Information below Is not raquirsd by law, it may prove valuable to persons relying on the document
and could prevent fraudulent romovoi and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ��L r t i 5 ffna Pn cc P C, t4
Document Date: 1 )�-1-4—d 1 Number of Pages: vZ
Slgner(s) Other Than Named Above: /V 61"
Capacity(ies) Claimed by Signer
Signer's Name: L i "r2- A a u e
❑ Individual r lop of thumb here
� Corporate Officer — Tiile(s): Y i GL� p�Si cd 16'l T
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator II
❑ Omer n ?�
Signer Is Representing: ! `� � C 11 -r 1J R vlc s
0 1987 MioneI N0terx AeeQdetlon • 6350 D. 8o Awe.. P.O, em 2402 • Che4a nh. CA 21313.2AD2 P.d. INC. 6807 Recrar.: Cdl TCI4Fnc t-e0C••87B BBP
0 0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California l
SAN BERNARDINO } ss.
County of JJI
OnDEC. 14, 2001 before me, CLAUDETTE N. MARTIN, NOTARY PUBLIC
Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public')
personally appeared DWIGHT REILLY------------------------------
Z CLAUDE 7-t N. MARTIN
3 COA,'ti9. #1177936
g
P NOTARY PUBLC - CALIFORNIA
P
'I SAN BERNARDINO COUNTY
1
F-V Wharf 29.2002
n personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(g) whose nameog) is /81N
subscribed to the within instrument and
acknowledged to me that hej�DkN/kRy, executed
the same In hlsliKX�Mk authorized
capacityR9,qj, and that by his&MMMMY
signature(p) on the instrument the person), or
the entity upon behalf of which the person()
acted, executed the instrument.
WITNESS my hand and official seal.
-�
Place Notary Seal Above Signature of Notary Public
CLAUDETTE N. MARTIN
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: PERFORMANCE BOND
Document Date: DECEMBER 14, 2001
Signer(s) Other Than Named Above: NONE
Capacity(ies) Claimed by Siner
Signer's Name: DWIGHT REILLY
Number of Pages:
❑ Individual
Top of thumb here
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
K Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
® 1997 National Nobty Associafon - 9350 De Soto Ave., P.O. Box 2402 - Chatswarth, CA 91313 -2402 Plod, No. 5907 Rconder. Call TolbFree 1- 800.876.6827
0
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by W. B. WALBRECHER, Vice- President, and T. E. SMITH, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the
reverse side hereof and are hereby certified to be in full and eff the date hereof, does hereby nominate,
constitute and appoint Dwight REILLY, of Upland, Cal' its tru ° the
agent and Attomey -in -Fact, to make,
execute, seal and deliver, for, and on its behalf as sure as its deed: any and all bonds and undertakings
and the execution of such bonds or undertakings in p cc of the <e ents, shall be as binding upon said Company, as
fully and amply, to all intents and purposes, as if t d been executed and acknowledged by the regularly elected
officers of the Company at its office in Baltimo in they proper persons. This power of attomey revokes that
slued on behalf of Dwight REILLY, dated Ma 995.E
The said Assistant Secretary does he az ify that xtract set forth on the reverse side hereof is a true copy of
Article VI, Section 2, of the By -Laws of ompany Ps now in force.
IN WITNESS WHEREOF, the said <e - P reside d Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the FlD£LI�D DEPOSIT COMPANY OF MARYLAND, this l5th day of
October, A.D. 1998. 0
ATTEST: FIDELIAND ° OSIT COMPANY OF MARYLAND
'gSElit� �. CsNCwt�Q[6u "uwr'
By:
T. E. Smith Assistant Secretary W. B. Walbrecher Vice- President
State of Maryland } se:
County of Baltimore J
On this 15th day of October, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly, affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
F�
Carol J Fa r Notary Public
My Commtsst Expires: August 1, 2000
L1428 -012 -8798
C
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, CMC
April 14, 2003
Albert W. Davies, Inc.
8737 Helms Avenue
Rancho Cucamonga, CA 91730
Subject: Dover Drive Zone II Water Main Replacement and Street
Rehabilitation from Cliff Drive to West Coast Highway (C -3394)
To Whom It May Concern:
On February 11, 2003, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code, and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
March 10, 2003, Reference No. 2003000259688. The Surety for the contract is
Fidelity and Deposit Company of Maryland, and the bond number is 8549603.
Enclosed is the Labor & Materials Payment Bond.
Sincerely,
LaVonne M. Harkless, CMC
City Clerk
cc: Public Works Department
Michael J. Sinacori, Project Manager
encl.
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, Califomia 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
0
EXECUTED IN QUADRUPLICATE PAGE 14
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
BOND NO. 8549603
PREMIUM : T6 097.00
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Albert W. Davies, Inc., hereinafter designated as the "Principal," a
contract for construction of DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND
STREET REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY, Contract No.
3394 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and
other Contract Documents in the office of the Public Works Department of the City of Newport
Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3394 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
FIDELITY AND DEPOSIT COMPANY OF 14ARYLAND duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are
held firmly bound unto the City of Newport Beach, in the sum of seven hundred seventy
thousand, nine hundred thirty -one and 001100 Dollars ($770,931.00) lawful money of the
United States of America, said sum being equal to 100% of the estimated amount payable by the
City of Newport Beach under the terms of the Contract; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
0
E
PAGE 15
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 14TH day of DECEMBER '2001.
Albert W. Davies, Inc. (Principal) Authorized Signature/Title
FIDELITY AND DEPOSIT
COMPANY OF MARYLAND
Name of Surety
225 S. LAKE AVENUE, SUITE 700
PASADENA, CA 91101
Address of Surety
626- 792 -2311
Telephone
Authorized Agent Signatu
DWIGHT REILLY, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
0 0
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of `Jcty, j6,,ifb-,- LaX&) r, p 1
On 12 - -2-0 -c> i before me, v VA E i It e de) C-R -r%SSj Nyu4 Rcl PU PiIIG
rJfllG _ Na(n6 anc 71U.. C! MCOF IC a ,'Jp fi 006, N61F'} pd ^ i
personally appeared L,GST i& ;Z 9t - czti +le S
KELLiE i0 CROSS
F COMM. #1222218
U NOTARY PUBLIC - CALIFORNIA C„)
C1 SAN SERNARDINO COUNiY C1
MY Comm. ao,.s June 25, 2003
Plsce NoSp Seel Abovy
Personally known to me
Q p-oved to me on the basis of satisfactory
evidence
to be the persons) whose name(s) is /are
subscribed to the within instrument and
acknowledged to me that he /she they executed
the same in his /her /their authorized
capacity(ies), and that by his /herltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
sgnelm of N Pu jU
G7a/l[IP /_r►4
Though the Intormarlon below Ir not required by law, $ may prove valuable to persons relying on the document
and could prevent freudulanf removal and reattachment o/ this form to another documonf.
Description of Attached Document >
Title or Type of Document: (lL I MCA-r: 2) e., I d
Document Date: I Z- ) O I Number of Pages: ca[
Slgner(s) Other Than Named Above: /Vu /y u
Capacity(ies) Claimed by Signer
Signer's Name:
ty S
D Individual
,r Corporate Officer — Tlfle(s): V C e
Top d thumb nere.
D Partner — D Limited D General
D Attomey in Fact
D Trustee
D Guardian or Conservator
D Other'.
i
Signer Is Representing: 1 2-i
i�
lti( ---4I1 `2F S a LbC__
0 189? NellonW Notary A99od611on • 9850 De SOf A. .. p,0. ev 2402 • Ctumwogn. CA 813t3-26L2 P.d. No. 690, Feaae;: Cel: TelbFina k800-87e•e827
11
•
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of SAN BERNARDINO
ss.
On DEC. 14, 2001 ,beforeme,CLAUDETTE N. MARTIN, NOTARY PUBLIC
Data Name and Title of Officer (e.g, 'Jane Doe, Notary Public')
personally appeared DWIGHT REILLY------------------------- - - - - --
r. « « «<.; « «.« »,»« ».»,« »_•• »0000..._,. »,»,_
z CLAUDt77E N. MARTIN i
S _ COMM. #1177936 g
P .m
NOTARY PUBLIC - CALIFORNIA P
T SAN BERNARDINO COUNTY
»... » ... ._ « »,W.comm. XP March 9.:0002 1
K' personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person (g) whose name() is /fir
subscribed to the within instrument and
acknowledged to me that he /ffX executed
the same in his1WEX tWeTr authorized
capacity]PN§), and that by his /h)W79M
signature(�Q on the instrument the person(, or
the entity upon behalf of which the person(
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
CLAUDETTE N. MARTIN
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: PAYMENT BOND
Document Date: DECEMBER 14, 2001 Number of Pages: 2
Signers) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer
Signer's Name: DWIGHT REILLY------------------ - - ----
❑ Individual
Top of thumb here
❑ Corporate Officer — Ttle(s):
❑ Partner — ❑ Limited ❑ General
N Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: FIDELITY AND DEPOSIT COMPANY.
OF MARYLAND
0 1997 National Notary Associalion - 9350 De Soo Ave.. P.O. Box 2402 • Chatsworth. CA 91313.2402 Prod. No. 5907 Powder: Call Toll -Free 1- B00.B7"B2T
0
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by W. B. WALBRECHER, Vice-President. and T. E. SMITH, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the
reverse side hereof and are hereby certified to be in full and eff��� the date hereof, does hereby nominate,
constitute and appoint Dwight REILLY, of Upland, Cal' its ttv $'awful agent and Attorney -in -Fact, to make,
execute, seat and deliver, for, and on its behalf as sur as its deed: any and all bands and undertakings
and the execution of such bonds or undertakings in p ce of the ® ents, shall be as binding upon said Company, as
fully and amply, to all intents and purposes, as if t d been ecuted and acknowledged by the regularly elected
officers of the Company at its office n Baltimo ., in the proper persons. This power of attorney revokes that
slued on behalf of Dwight REILLY, dated Ma4J' 995. CS
The said Assistant Secretary does her
eb fy that cl tract set forth on the reverse side hereof is a true copy of
Article VI, Section 2, of the By -Laws of mpany Jas now in force.
IN WITNESS WHEREOF, the said e- Preside id Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the FIDELI�D DEPOSIT COMPANY OF MARYLAND, this 15th day of
October, A.D. 1998.
ATTEST: FIDELITAND OSIT COMPANY OF MARYLAND
`s; EnLgs �. O
�. -„..� By'
T F. Smith Assistant Secretary W. B. W'albrecher Vice- President
State of Maryland Ss:
County of Baltimore
On this 15th day of October, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came W. B. Walbrecher. Vice - President and T. E. Smith, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
� lJ
Carol J Fa r Notary Public
My Commissi Expires: August I, 2000
L1428- 012 -8798
• 0
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the
Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive
Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to
appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may
require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,
recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees,
mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby
certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect
on the date of this certificate: and I do further certify that the Vice - President who executed the said Power of Attorney was
one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as
provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution
of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY" OF MARYLAND at a meeting duly tailed and
held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said
Company, this
14TH day of DECEMBER , 2001
Assistant Secretary
RECORDING REQUESTED BY AND Recorded in Official Records, county of Orange
WHEN RECORDED RETURN TO: Tom Daly, clerk- Recorder
ll 11811 llllll� +illllllll111111111!l 111 ';Illllll;Ill!liillllllllll;NO FEE
City oClerk ewport Beach ��� 8o N122003000259688 01:43pm 03110103
3300 Newport Boulevard
Newport Beach, CA 92663 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt om recordin fees
pursuant to Government Code -Section 6103"
'l
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and A.W. Davis, Inc., as Contractor,
entered into a Contract on December 11, 2001. Said Contract set forth certain
improvements, as follows:
Dover Drive Zone II Water Main Replacement and Street Rehabilitation
from Cliff Drive to West Coast Highway (C -3394]
Work on said Contract was completed on December 18, 2002, and was found to be
acceptable on February _11, 2003, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland.
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on /a Acc) 3 at Newport Beach, California.
Can
BY
r5o"'Qi.
City Clerk ln
1
• •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, CMC
February 12, 2003
Orange County Recorder
P. 0. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the Dover Drive Zone II Water Main Replacement
and Street Rehabilitation from Cliff Drive to West Coat Highway Project
(C- 3394); and
Notice of Completion for the Balboa Peninsula Streetlight Modifications
Project (C- 3416); and
Notice of Completion for the Zone V Emergency Backup Generator
Project (C -3506)
Please record the enclosed documents and return them to the City Clerk's
Office. Thank you.
Sincerely,
LaVonne M. Harkless, CIVIC
City Clerk
Enclosures
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
a 0
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Exempt from recording fees
pursuant to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and A.W. Davis, Inc., as Contractor,
entered into a Contract on December 11, 2001. Said Contract set forth certain
improvements, as follows:
Dover Drive Zone II Water Main Replacement and Street Rehabilitation
from Cliff Drive to West Coast Highway (C-3394)
Work on said Contract was completed on December 18. 2002, and was found to be
acceptable on February 11, 2003, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland.
VERIFICATION
certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on ��� i t'tL 00 3 at Newport Beach, California.
BY Y"� C� a I • %� ��
City Clerk
c.3��y
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
February 11, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
FROM: Public Works Department
R.Gunther, P.E.
949 -644 -3311
rgunther@city.newport-beach.ca.us
SUBJECT: DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY,
CONTRACT NO. 3394 — COMPLETION AND ACCEPTANCE
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the
Notice of Completion has been recorded in accordance with applicable portions of
the Civil Code.
4. Release the Faithful Performance Bond 1 year after Council acceptance.
DISCUSSION:
On December 11, 2001, the City Council authorized the award of the Dover Drive Zone
II Water Main and Street Rehabilitation contract to A.W. Davies, Inc. The contract
provided the replacement of 1248 feet of 75 year -old 30 -inch diameter gunnite -steel
water transmission main with new cement -lined steel pipe on Dover Drive between Cliff
Drive and West Coast Highway. Also, a 133 -foot section of 45 year -old deteriorated 24-
inch waterline was replaced with new steel pipe as well. In conjunction with the water
transmission main replacements, the roadway was resurfaced on Dover Drive between
Cliff Drive and West Coast Highway.
The contract has now been completed to the satisfaction of the Public Works
Department. A summary of the contract cost is as follows:
Original bid amount: $770,931.00
Actual amount of bid items constructed: 788,243.20
Total amount of change orders: 58,933.26
Final contract cost: $847,176.46
SUBJECT: DOVER DRIVE ZONB�ATER MAIN REPLACEMENT AND STREET RE LITATION FROM CLIFF DRIVE TO
WEST COAST HIGHW.,, , CONTRACT NO. 3394 — COMPLETION AND AC - ANCE
Date: February 11, 2002
Page 2
The increase in the amount of actual bid items constructed over the original bid amount
resulted from the need for construction of additional concrete drive approaches, curb
and gutter, and sidewalks. The final overall construction cost including change orders
was 9.89 percent over the original bid amount.
A total of three change orders totaling $58,933.20 were issued to complete the project.
They were as follows:
A change order in the amount of $11,400.00 provided for the initial revised
alignment and for increased valve costs.
A change order in the amount of $5,000.00 provided for the boring across
Dover Drive.
A change order in the amount of $42,533.26 provided for pipe alignment
revisions, additional fittings, vault connection revisions and an added 6 -inch fire
line.
Funds for the project were expended from the following accounts:
Description
Water Transmission Main Replacement
Gas Tax — Dover Drive Rehabilitation
Account No. Amount
7501- C5500386 697,176.46
7181- C5100581 150,000
Total 847,176.46
The original scheduled completion date was August 30, 2002. Due to unstable soil
conditions requiring additional shoring and due to interference with a existing fiber optic
line, the completion date was extended to December 18, 2002. All work was completed
by the revised completion date.
Environmental Review:
This project was determined to be exempt from California Environmental Quality Act
(CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time
the construction of this project was authorized by the City Council. This exemption
covers the replacement or reconstruction of existing utility facilities with negligible or no
expansion of capacity.
Prepared by: Submitted by:
p /U�CL
R. Gunther, P.E. st n adum
Construction Engineer ublic Works Director
9096914197 NORTHWEST PIPE 199 P01 MAY 15 '01 14:12
Fl*- - lk-�oJF/L -%3 r.
NORTHWEST PIPE COMPANY ' - X39 64-
To: City of Newport Beach
3300 Newport Blvd.
Newport Beach CA
PROPOSAL
DATE: May 15, 2001
PROJECT:
Attn: Mike Sinacori OWNER: City of Newport Beach
LOCATION: Newport Beach, CA
BID DATE 8 TIME: Informal
NWPfl:
i..
'a
We are pleased to offer pipe prices for the above noted project In accordance with the project plans and
specifications and as follows:
GENERAL:
1. Steel pipe will be manufactured and tested per AWWA C200. The steel will conform to ASTM A570 Grade
36 or better.
2. All pipe will be cement mortar lined per AWWA C205 to a thickness of 1/2 ".
3 All burled pipe will be cement mortar coated per AWWA C205 to a thickness of 3/4 ". Grout diapers will be
supplied for exterior coating of the joints.
4. All pipe will be supplied with weld bell joints.
5. Standard pipe lengths will be 40'
W :1"' tSPfe T " RIVERSIDE, CALIFOP;W M0 0 i EtftONE (909) 685 -5251 • FAX (909) 681 -4197
9095814197 NORTHWEST PIPE 199 P02 MAY 15 '01 14:12
• 0
PRICING
UNIT
Bid Item SGPoPTION C�Ty PRICE AMOUNT
37.875 OD WSP .243W CML &C WB X 40' 1520 LF $ 65.50 S 99,560.00
TOTAL PRICE $ 99,560.00
This is a unit price job. Invoicing will be Plus sales tax
based upon quantities shipped.
Pipe available for delivery 4 weeks after
receipt of order if an order is received by
5- 18 -01.
WE DO NOT INCLUDE:
1. valves
2. FLANGE BOLTS, NUTS AND GASKETS.
3. Installation or field welding.
4. Cathodic protection materials.
5. Pipe other than steel or other than described above.
6. Cement mortar for patching of the joints.
7. Field touch -ups of painted surfaces.
GENERAL TERMS AND CONDITIONS:
1. Prices: Prices are firm If Seller receives back from Buyer a signed copy of Seller's confirming scope letter,
contingent on award of a contract to Buyer, within 10 days after bid opening. If there are any revisions to
the original project design at bid time, prices are subject to change.
2. FOB; Prices are F.O.B. Seller's Plant with full freight allowed to Jobstte where trucks can drive and turn
around under their own power. Standby time is limited to one (1) hour. Additional standby time will be
billed at $t001hour. Other costs will be billed at 10% above the actual charge. Freight charges included in
the above pricing are based on shipping full truckloads from Seller's plant.
3. Truck Provision: Shipping cradles are property of Seller and are to be grouped and reloaded on trucks, at
the Buyers expense, for reuse by Seller, if required. Please note that any bunks not returned In reusable
condition will be billed to the Buyers account at full replacement cost.
Shuttling of loads may be arranged at Contractor's expense. Specific delivery times shall not be
guaranteed.
Where stulling is required, pipe will be stulled round at time of shipment, any special requirements, i.e.
vertical elongation, etc., will be the sole responsibility of the Contractor.
4. Delivery Schedule: Within (15) fifteen days after placement of an order and prior to the start of pipe
production, Buyer will supply Seller with a proposed job delivery schedule. Buyer and Seller will then
mutually agree on a firm job delivery schedule in writing. Deliveries will be accepted by Buyer in
accordance with said schedule, or not later than (30) thirty days following the date or dates agreed to. In
the event delivery is not accepted by Buyer as stated above, Seller may invoice Buyer storage at the rate of
11.5 cents per square foot of unstacked pipe. Repairs will be charged as necessary resulting from
prolonged storage.
5. Revised Delivery Schedule: Any revised delivery schedule will be renegotiated between Buyer and Seller
and will take into account Seller's current schedules of work on hand as well as current avallabllity and
prices of materials. Any delays on the project resulting in production or delivery delays longer than thirty
(30) days may result in an escalation charge to be negotiated between Buyer and Seller.
6. Back Charges: Seller will not recognize backcharges of any kind that are caused by trucking delays,
Seller supplier delays, weather, or items beyond Seller control. Seller must be notified of all problems to
participate In andior approve any corrective action. All backcharges are to be received by the Seller In
writing, within 15 calendar days from date of occurrence of a problem.
W:tSsleal0t Scope�newport Page 2 of 5 - Northwest Plpa
909b91419' NORTHWEST PIPE
199 P03 MqY 15 '01 14:12
7. Payment Terms: Our payet terms are net 30 days from date of Involce.0al acceptance of all orders
Is subject to approval by our credit department. A 1.5% finance and /or late charge will be assessed on all
late charges. Retention is not allowed.
8. Liquidated Damages: Seller will not be held liable for liquidated damages In any manner.
9. Taxes: Seller's pricing does not include any duty, federal, state or local sales tax or other taxes of any kind.
These will be added to the above price as applicable. All prices are In American dollars.
10. Terms and Conditions: This quotatIon Is also subject to Seller's Terms & Conditions, a copy of which is
attached.
Sincerely, ACCEPTANCE
NORTHWEST PIPE COMPANY
/J Signature:
Y Print Name;
m Davenport Company:
Asst. Sales Manager Date:
W:4Sales \O t Scopetnewport Pape 3 of 6 - Northwest Pipe
9096914197 NORTHWEST PIPE 199 PO4 NHY 15 '01 14:13
• NORTHWEST PIPE COMPANY •
TERMS AND CONDITIONS
I. COMPLETE AGREEMENT: This taontlion shall be governed solely and exclusively by the rotors and mmdidans act forth below, and in the teaselled
ulee order, acopc letter or proposal form OUR ACCEPTANCE OP THE CONTRACTOR'S SUBCONTRACT IS EXPRESSLY MADE
CONDITIONAL ON CONTRACTOR'S ASSENT TO ANY TERMS AND CONDITIONS SET FORTH HEREIN ADDITIONAL TO OR
DIFFERENT FROM THOSE PROPOSED BY CONTRACTOR IN HIS SUBCONTRACT. Sella objects to any terms in the subcontract that are
digbrent or in any way inconsistent with the mrrns eel forth herein. All orders are subject in final acceptance at the main office of Seiler There art on
whdnotaodings, terms o, conditions not fully eVmwd herein.
I. PRICES: Prices Rm only firm for acceptanoe within 30 days from Use of quotation, subject to the Buyer meeting agreed upon shipping whcdoles. If
shipments of materiels, an postponed for any reason, other dun Seller's fault as dcfmcd hereunder and a price increase becomes effective during the period
of such hold or pos"mrant the Increase will apply m all shipments which art held or postponed (30) thirty days a more from the effective dam of the
increase, Prices arc subject no change at the sole discretion of the Seller if not accepted within (30) thirty, days of the dam of gtsomtion.
3 PAYMENT: Payment terns an sa ford in the attached sales order N scope loner. Seller may invoice COurow r for goods reedy for shipment hot not
shipped at Conmctor s nqucet and Seller may change Contractor fa storage of any goods not shipped Of Contractors requtat and any additional freight
charges and wambouse or storage It prat may be caused by such a delay, Prices of special goods art subject to change In the evert( the Conn ohm requests
that the design of the product be changed.
If Contractor shall fail in comply with any provision of this contract a fail in make payments in accordance with the Mena of this contreca or of any other
contract baweat Contractor and Seller, Seller arty at its option defer Author shipments Or, without waiving any other rights it may have, terminate this
comma All deliveries shall be subject o the approval of Seller's credit depamrum. Seller Meaves the right before making any delivery to require paymtm
in cash car security for paynsast: and if Contractor mils to comply with such raquiremom. Sella may oemnimm this contact
a, DELIVERY AND RISK OF LOSS: Unless otherwise specified herein, delivery shall be P.O.S. Seller's mamdacturing plant, and risk of loss shall peas in
Contractor upon delivery of goods to units If Contractor shall require that goods be shipped to his order with Height prepaid or allowed, it u agreed that
After debvety of the goods to pre carries, Seller shall be acting for the Contractor's account and accommodation. Seller may choose the means of
transportation when Contractor's order does not provide specific instructions otherwise. Any special packing roquinmems shall be for the account of
Contractor. Sella shall have no liability Whatsoever, nor shall the order of Contactor be subject in authority. or by labor disturbances. difficulties at spike.
war. iraurration, riot sabotage, failure or delay in transportation, breakdown of equipment, sharsages of cars, or of fuel, energy, labor, supplies or materials,
weWses fevers enough to preclude manufacture or handling or shipments of the goods, ddauh of a supplier or sebcontructa, accident, Om, food explosion,
Inability to Obtain cOntllpfK Of raw mhoria1, gavernar[pml laws. ordinances. Nlea and
regulations, a any other circumstances or cause of airy kind whatsoever beyond the conwl of Sella. If due to say web contingency, Seller is unable w
supply the tool orders of all its customers, Seller shall have the tight to prorate is available supply among its ousaomerb including Contractor In no event
shill Sella be obligated in purchase the goods from others in order to enable it to delfwr goods to Cmn"clor hereunder.
In case of failure of the Coupaace to accept delivery hereunder, no physical tenea of the goods by Seller shall be suceasery, but when notice of polio's
readiness and willingness w deliver any qumury of the goods at any time specified shall be equivalent to physical reader thereof
S. PARTIAL SRI PMENTS: Seller shall have the right to nuke and w invoice for pedal shipments of she goods ordered.
6, TAXES: Any cents imposed by federal, state or other gownmenul authority on the sale. use, manuf icture, import, export, or i,mcmiag of the goods
related to herein, or in the material and services used therein. shall be added in Seller's invoices and paid by Conbactor in addition to fie quoted prices.
unless Contractor furnishes Seller with appropriate exemption certfIInma
T. CANCELLATION AND CHANGES: Orden submitted by Conrnes , pursuant herein tad accepted by Sella are not aubjea to cancellation, complete or
partial, without Sella's prior wnnen consent Any reduction in quantities Ordered shall conattuu a partial ancepatlom subject a this clause. Cerucellatione
consented to by Seller shall be on the following basis•
A. Conmcear shall pay Sella, upon delivery, the full purchase prim of all goods mays tad a the time Seiler constants in cancellation and If Sella often re
complete any pan or all of the goods scheduled for delivery within (30) thirty days from such dice, the full purchase price of erg such goods so completed
With rtapeer to work in progress, Contactor shall further pay to Seller in amount determined by the percentage of compleum thereof ere determined by
Seller's normal cost accounting methods.
g. Conmacmr shall pay the full anwrtized costs of materials, dies, tools, patterns and nxtures trade or comn eted specifically for Contactors order ad for at
scheduled pmduedon lima which cannot be reasonably reschedule.
C. Invoices Nall canoeilation charges arc payable promptly upon pnsenastion. If within (60) sixty days from the presenption of such invoice Contractor does
our instruct Sella at no the disposition of surplus materials, goods, etc, arising them ten cancellation. Seller may all the same and credit Contractor in the
amount of the proceeds of any each ale. less Seller's costs incurred in handling, storing and selling truth iterns.
D. Contactor shall also pay the mumnible cost and expense incurred by Seller in making a settlement hereunder and in protecting any property in which
Contactor has an interest
Seller may, at in election, either cancel this contract or demand that the Contactor formal, within (1 0) ten days a guaranty of full payment which satisfies Sella,
upon the oceumcnce of any of tM following events
a. Contactors arbitrary, deductions from payma t due an Sakr, or failure in comply with any
contract terms with respect to any shipment or on account of any transfer of a change in, Contra <inr'e business;
b. Contractors insolvency,
c. Contractors aunt by other creditors;
d. Coaueetors failure to meet financial obligations to Sella; or
e. Impairment of Canmetai s aedh information err Seller's receipt of unfavorable credit reports
made to Sella through unto charnels of credit information.
Sella .111 defer manufacture or delivery of any goods to the cxmnt agrtad win writing. Contractor shall reimburse Seller for any additional expertise cause or
incurred by changes requested by Currencies.
In the event of delay, lafamsptlob or latafetence with Seller's work caused by Constructor, or agents of Contractor, Seller shall be antitled to reasonable extensions
of dice and also in reasonable adjuannrnt of & contract price including but not hinimd M. campeneetion for additional cost of whmdling, transportation,
materials. labor, overhead and protective expatiate
g. PATENT INFRINGEMENT: Contractor shall, in respect many goods manufactured or processed in accordance with design, precee. or foemdes
supplied, detemnned or requested by Contractor, or labeled or marked odd i a tndsmark or trade name requested by Contactor, defend, hold hatmless and
iudemniy Seller for all expenses, cost (irseluding attorneys' fees) damages and fines awarded in any Suit or Scion, civil or criminal, or appeal themfrom,
brought against Seller by any person, for the infringement or misuse of any letters. gammon, oademerkg, rude names or trade seeress by reason of to use of
W: \SRles\01 Stopetrlewport Page 4 of 5 - Northwest Pipe
9096814197 NORTHWEST PIPE 199 P05 NR`+ 15 '01 14:13
such designs, process, famulu, tr-ad.* trade names. Seller shall be "tided to be represented in any a0it, action or appeal at its own expense.
9. INSPECTION AND ACCEPTANCE: Contractor shall inspect all materials immediately upon delivery and shall with rash to tannage andrm damage to
mastrah as delivered or failure ofrrererials to be dimensionally correct "conform to shop drawings,
note such discrepancies on the Seller's applicable bill of lading: Brad
notify Seller orally of such discrepancies by the next regular work day fallowing delivery; and
give written confirmation m Seller within (7) seven days of 9ra1 noHfinflon.
Failure of Contractor to comply with This requimnlem shall ematim r an Irrevocable aeeryesce of the goods and bird than to pay the price drerse f.
10. WARRANTIES: The goods sold hereunder me subject to Seller-, grassland mmmiklmi'S variaHom, tolerances and otassifintiotls Seller warrants that is
has good and sufficient title to The goods, thal the goods are trade in a wi skWanBlte meaner and in accordance wit the 9pecifira ions therefor supplied or
agreed to by Contractor, and are made w packaged pursuant to SellWg eparomary manuGenuing procedures. Seller assumes not respenaibility, for the
adequacy of performance of engineering, design or speciffntims; Furnished by Contractor or others. Seller's sale obligation under the foregoing express
warranties shall be to repair, replace or refund the purcbase price of, at Seller's option, any article of goods, " part thereof, , which shag be remreed to
Seller's plant at Connector's mat and proved by Contractor to be other than as warranted. The remedy hereby provided shall be the cs -lusiw W sole
remedy of Comnctor tom beach of the foregoing express warranties. This express warranty will be for a period of (1) opbywsr after the data of delivery of
the goads
THE ABOVE EXPRESS WARRANTIES OF SELLER ARE THE SOLE WARRANTIES OF SELLER, AND ANY OTHER WARRANTIES,
EXPRESSED, IMPLIED IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTARILITY OF FITNESS FOR A
PARTICULAR PURPOSE WHICH EXCEEDS THE FOREGOING EXPRESS WARRANTIES, ARE HEREBY DLSCLAIMED BY SELLER
m EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES: No claim of any kind. whether ere to goods delivered or fa spandellivery, of
goods, shall be gnaw in amount than the purchase price of the goods in [aspect of which such damages an claimed, and failure m give notice of claim
Within the time limits grated in paragraphs 9 and 10 above and shall mnniarte a waiver by Connector of all claims in respect of such goods, TM trendy
hereby provided shall be the exclusive and sale remedy of Conpacs,r, except as otherwise provided benin Any tight of Contactor to consequential and
incidental damages for the breach by Seller of any arm contained in this sain artist, including the wanner" provided in paragraph 1 o above, is culuded.
ll. TITLE: Unless specifieelly provided to the contrary elsewhere in this sales order, title to the goods described herein shall net vest is Contractor wadi full
cash payn,an of the punehase price therefor is received by Seller. Sella intends to put Contractor in possession of the within described goods or portion
dvamc& before 1u11 payment Is duo, and therefore, in order m protect Seiler against default in payment Jed against eaecovion, attachment m other written
levied on Conn'ector's property, it is hereby expressly understood drat.
The tide to the goods covered by this sates order std dae right an repossess the goads shall remain with Sala and Contractor acknowledges Seller's security
interest in the goods, unfit fall payment thereof in cash shall have been received by Seller in accordance wit the mass agreed upon and all news, if any,
shall ban been paid in full in cash. In event of default of any paymens hotels provided for, Seller may reposes the goods and all additions thereto
wherever lead free hem any and all claims whataoever, or may assert a mmhame's lien, or say enforce any and all other remedies legally available to
Seller. and Sella shall not be held liable in any action at law on Commeren's pan for such reclamation, nor for the repayment of any money which may have
been paid by Contractor In pan payment for said goods, it being expressly spread that such part payments ante to be deemed seasonable rental for
Contractor's use of said goods.
No pan of the goods furnished sector this sales order shall be considered a fixture or a par of any really by season of is being attached to real wove, and any
pan may be separated from real caber[ for the purpose of repossession by Seller or its agent without liability for such removal If Contactor is in default in
paymrAt of the purchase price.
Seller shall have the right to amt so assort In claim of a mectunW, lien against the property upon
which the goods are erected and to waive is right in repossess the goals under paragraphs A. and B, above any ante before the expiation of the time fixed
by law for filing a mechanic's lien.
At SaIWI option, Contractor shall exacua Uniform Commercial Code Financing Semiramis and an agreement of conditlotal fade on a form satisfactory to
Seller and misting to Cmgsnrecnor's acquisition of the goods described herein.
13. MISCELLANEOUS: Tram are no provisions. representations or warunfiea with roiliest to the subject matter hereof which are net specified herein. If any
portion of this sales order he illegal, unlawful, unenformabde or against public policy, the halt=. of this sales order shall not be affected thereby but shall
remain in Poll force and effect.
Conuactor'a order. to the extent it does tat contain starts; and conditions additional to or different front this sales order, Seller's proposal form, or scope
Inter, if any. and this sale, order shall constitute the entire contract between Seller and Contractor with respect as Ihe subject matter of this sales order, and
rw alaration thereof shall be binding unless agreed to in writing by Seller, nor shall any word, act or winning waive or be deemed to waive or be donated to
be a condnutog waiver of any of the terms and conditions of such contract
Tenons and conditions inconsistent with thou stated in this saes order, SOWS proposal form, or scope later, which may appear on Compactors order shall
be disregarded and shall not become pan of the contract between Sella and Contractor, nor shall they operate to nullify or canal out any of the tens, and
conditions specified herein unless specifically consented to in writing by Sella. Any contract arising between Seller and Contractor shall he governed by the
laws of said State in which the Seller presides.
la. .)URISDIC'TION: Any litigation with respect in tau concoct or any documctn cucuud by either party in connection with the transactions contcrplared
hereby or to enforce any judgment obtained against the mrsr parry The breach of this contract or such documents may be bought by either parry in the tours
of the Sure in which Sella presides in she United Sums District Court for the Diarist of Stare in which Sella presides, as the parry bringing the action may
elect, and, by execution and delivery of this proposal, each parry inevnnbfy submits in the jurisdiction if Salta shall elect to bring an action in de sure
courts of the State in which Sella presides. Emu agrees and acknowdedg" that venue shall He and be proper in the County or City in which action is
brought.
13. RETURNS: No goods can ere returned for credit unless due to tome error by Seller on original shipmmm, or unless consent of Seller in writing has been
given in advance. In the laner area, the goods most be forwarded with all transportation charges prepaid. All returned shipments should be clearly identified
with the name and address of the Seller.
In the event any goods an returned for credit with the written [swam of Sala, a charge will be made for ransacking. each charges to be (15) fifteen percent
of the original invoice value, plus a ebargc for rcronditionipg when necessary.
16. ATTORNEY'S FELS: In the event Seller places this contract to to hands of an anamer, far collection, Codnractor promises in pay Mina's reasonable
area cy's Itasca and collection coin even though no sdL action, la a pleader or arlsittation is filed or initiated. If a suit. action, inarvpleader or, arbitration is
emnmenecd to cnfomc, micrpret, or apply die moms of this agreement. then the prevailing parry is entitled to in mR"nablc moneys Res imuned at the msl
coon level, in any appellate mun or in any arbitration. The amount of such reasonable atmmey's fees shall be determined by the court or arbitrator in the
pmcccding.
w:ISa1es10l SCopOnewport Page 5 of 5 - Northwest Pipe
i
May 14, 2001
VIA FACSIMILE TO (949) 644 -3318
MR. MICHAEL SINACORI
CITY OF NEWPORT BEACH
Public Works Department
P.O. Box 1768
Newport Beach, CA 92658 -8915
MAY1 Al
"ERON
INTERNATIONAL
CONCRETE & STEEL PIPE GROUP
10681 Foothill Blvd., Suite 450
Rancho Cucamonga, CA 91730 -3857
Telephone: 909 /944 -4100
Pax: 909/944- 4112 - 909/944 -4113
Internet: w ve vamernn.com
RE: Quotation for 36" Welded Steel Pipe (WSP)
Dover Drive 36" Zone II Water Main Replacement Pipe Procurement
Dear Mike:
Per your request, please find included a quotation for 1500' of welded steel pipe with cement
mortar lining and coating.
Based upon our current production schedule, we will begin manufacturing 36" WSP for the
Desert Water Agency (DWA), Farrell Drive Pipeline, during the last week in May. Our plan
would be to add your project to the end of the DWA project. At current production rates and
with approved shop drawings, we would begin the Dover Drive job by June 4, 2001 and
complete the job by June 18, 2001.
Please be advised that the DWA project was a public agency bid opening and we have based our
quotation for your project on similar costs. However, that project required a cylinder thickness
of. 188" and since the Dover Drive project requires a cylinder thickness of .250 ", we have
adjusted the steel price accordingly.
If you have any questions, please call me at (909) 830 -9955.
Sincerely,
DENNIS E. SHEARER, P.E.
District Sales Manager
Enclosure: a/s
Ameron ternational
1 -A Water Transmission Group
10681 Foothill Blvd., Suite 450
Rancho Cucamonga CA 91730 -3857
AMEROIV Phone: 909 /944 -4100 Fax: 909/944 -4113
INTERNATIONAL
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663 -3584
Ph (714) 644 -3311
Fax (714) 644 -3318
Attn: Mike Sinacori
Page: 1 of 2
Quotation
Date: May 14, 2001
Project Title:
Dover Drive 361, Zone II Water Main
Replacement
Owner /Agency:
City of Newport Beach
Location:
Ale ....a o_ � A
Quotation Number: B
Bid Date/Time: W
�.cwNaAa ueaaa 1, 6.H
Bid Item A
Approximate
Numbers Q
Quantity U
Unit D
Diameter D
Description
Unit Price
1500 L
LF 3
36" 3
36" Welded Steel Pipe $
$60.00
.250" Cyl; .50" Cement Mortar
Lined and .75" Cement Mortar
Coated; Lapweld Joints
per agency provided detail
in nominal 40 ft lengths.
Straight Pipe Only
No fittings are included
TOTAL 1
19MOO.00
Prices are firm 3
30 da s from the d
date o
of this n t [
uo a ton. Terms and Condldons of Sale are included.
This proposal constitutes all offer on the part of the Seller Acceptance: Signature by Buyer constitutes acceptance of
subject to the prices, terms, and conditions stated herein. For this proposal and all the terns and conditions of sale and to
this proposal to constitute a binding contract upon Seller, this any special conditions attached hereto included therein. By
offer must be accepted by Buyer, or execution hereof accepting this order, Buyer agrees to be bound thereby
contingent upon award of project applicable.
Ameron International
Buyer
Date
AMERON STANDAFPTERMS AND CONDITIONS OF SA1 F 0
1, THISOFFER AND ITS ACCEPTANCE 'Seler "lsthat entity
identified in the quotation invoice, or other document originated by the
Seller of the goads (a products) and services referred to herein. This
documentis Sellersofferto Buyer. Buyeesacceptmmsepms,y
limited to the terms and cmdNms of the offer and Seler hereby objects
to and rejects any additional a dOmntterns or conditions in Buyers
acceptance, Buyers purchase order, a other documentation purporting
to order the same or eq'kaknt goods contained in this document
Buyer accepts this Offer as made and al its provisions by transcribing in
oral or waken form a Buyer purchase order number, an authorization to
Proceed, or other request; by issuing arty document which orders the
same or equivalent goods referred to herein: by accepting, or making
any Payment form any goods or service furnished hereunder, or by any
Buyer conduct recogrizing the OdSterce Of a contract between Buyer
and Seller for the goods and services referred to heren. Any additional
or dfferent terms Or attempt by Buyer to vary in any degree any of the
terms herein shad be deemed material, but shall not operate as a
rejection of this offer unless they contain variances in the terms tithe
descripdon, quantity, price, or delivery schedule tithe goads offered
herein which are unaoceptable to 5efer. No mody'ration of this offer and
the contract resulting (inducing any additional or different terms or
conditions in Buyer's acceptance) shall be fording on Seler unless Seiler
D9m`551y agrees in writing to change this offer.
2. PRICE: The price for each item covered by this contract sMI be
the price shw.n for such items on the fare hereof. Prices do not include
MY Federal, State Of Local taxes, duties, afees which may be imposed
upon the sale, use, transfer, importation, or transportatim of materials or
services and A such costs shall be paid by Buyer.
3. LIMPED WARRANTY: Selor vantnts the goods delivered
hereunder to be free from defects in material and mrkatanship for a
Period of one 0 ) year horn the date of Sellers shipment Sellers sole
obligation and Buyers exclusive remedy for defects in the goods shop be
linked , at Sellers option, to either repair or replacement of defective
goods shall be FOB Sellers factory. Any claim by Buyer to Seller In
writing within five (5) days tithe dscmery, at the claimed defect but in no
event after the e)9imtion Of me (1) year from the date of Seler s
shipment, whichever is less. Buyers falme to so notify Seller of sudv
defects wlhin the above time periods shad bar Buyer from any remedy
under this Warmly, or for any recovery of damages or losses due to
defects in the products. If any of the goods delivered hereunder have or
have components with a shelf life loss than one (1) M. then the
vananty period stated herein shall net exceed the shelf Ode for such
goods,
THIS WARRANTY IS THE SOLE WARRANTY COVERING THE PRODUCTS
AND SELLER MAI ES NO OTHER WARRANTY OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY, AND ALL IMPLIED WARRANTIES ARE
HEREBY DISCLAIMED BY SELLER AND EXCLI.OED FROM TARS
WARRANTY. IN NO EVENT SHALL SELLER BVYUABLE FOR
CONSEQLE NTK COMPENSATORY, PUNITIVE OR INCIDENTAL DMW{_S
HOWSOEVER ARISING FROM SELLER'S PERFORMANCE OF THIS
CONTRACT OR THE PERFORMANCE OF THE GOODS.
This warranty dray not appyto goods or products which have been
repaired a altered by other than authorized representatives of Seller or
to damages defects caused by accidea, vandalism Acts Of God, erosion,
normal wear and tear, improper selection by Buyer or others, and other
oausesbeymdSeleescorRrd. This warranty shall naapply to the
misapplication, improper insalation, or misuse of the goads rased by
variations in emirnment the inappropriate eHrmat im d data
provided the failure of Buyer or others to adhere to pertinent
specifica4ors or industry practices or otherwise.
4. ACCEPTANCE Rejection of the goods supplied under ths contract
ton defects or defective delivery " occur Who a reasonable time after
their delivery or tender at the delivery pool, but in any event no later than
five (5) days thereafter. If the goods are not accepted a rejected by
Buyers agent in writing to Seler wthin said five (5) day period; they dial
be deemed accepted by Buyer. In the event of Buyers dghlhd f0ecton
of dire goods. Shcds liability shall be ymyed to replacing the rejected
goods wihin a reasonable time, a to allow credit to the went of the
broke value Of the goods, at Sellers option. Seller shat not be fable for
MY loss, damage, or expense of any Idmd, arising from delays or to
transportation, instalation, Buyers rejections OF goods, a arty ocher
c ssewhatsoevrr.
5. LIMITATION OFSELLHYS LIMUY: Sellers liahlltyon any claim
of any Hnd including claims based upon Selers negligence, breach of
contract or sMet liablty in tort, for my loss a damage arising out of,
connected vyth or msuking from the use of the Products furnshed
hereunder or Sellers perfamance of this cmdracL shall in nor case
exceed the purchase price alocaae to the goods apart thereof which
give else to the clam. IN NO EVENT SHALL SELLER BE LIABLE FOR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWSOEVER
ARISING OUT OF SELLER'S PERFORMANCE OF THIS CONTRACT AND
NOTWITHSTANDING NETHER SELLER MAY HAVE BEEN ADVISED OR IS
ADVISED OF THE POSSIBIUTY OF SPECIAL (OR LIQUDATED) DAMAGES,
6. PAYMENT: Sd6es invokes for goods delivered are net and ane
due and payable in ful thi(30) days from receipt ofnvvice. Buyer
shay pay interest on past due accounts at the mawmum rate alloyed by
law Seller reserves a security interest in the goods pursuant to the
Uniform CommercW Code and in al proceeds thereof until payment in full
of the purchase price. Buyer shall aecum and deliver to Seler such UCC
financing statements and other documents as may be requested by
Seller for the purpose of Perfecting Selers security interest in the
Products and proceeds. In no event shal by reason of any Buyer claim
or demand against Seller, whether alleged by Buyer to arise under this
contact in tort, or otherwise. Any such setoffs or deductions by Buyer
shall constitute a material breach of this contract.
7. BUYER'S DEFAULT: I Buyerfais to make any payment to Soler
when due, if Buyers In" nsponsibky becomes impaired or
unsatisfactory in Sellers sole judgment, or k Buyer commis a material
breach of this contract and without prior notice or demand, suspend or
cancel further performane Ordeive ies due hereunder. Buyer dal be
liahie to Seller for my losses or damages of Seler ansng from such
Buyer defaults and failures, as wdl as any resulting delays to Sellers
performance of this contract upon Buyers performance Of its obligations,
Buyers payment of all accrued amounts due Setler. Buyer's removal of
MY irvhibting cause, and upon Buyers providn9 sufficient assurance a
security for its performance as Seller in its sde judgment may determine
to be required,
R. WAIVER: The fabre of Seiler in any one or more instances to
enforce one or more of the terms or cordkons of this contras, to
eremise any right or privilege hereunder, or the waiver by Seller of any
breach of this contract, shall not be construed as thereafter waiving any
terms, COmItims, rights a privileges of this contract and the same shall
continue and remain n force and effect as if no soh faium to enforce
had occurred.
9. FORCE MAIE.RE Seller dap net be liab'e for non- performance or
delay in performance resuflng from any governmental law or regulation,
now or hereafter in efles, or for delays caused by SeXe's suppler, or
caused by Acts O God, fire, flood, Wind, sabotage, strikes or other labor
troubles, accidents, necessary repairs to machinery, adverse weather
conditions, a any cause beyond Selers reasonable contra. In the event
of any of the foregdng, Seller shal have the right to allocate and
reschedule pmdudion and delivery of products to Buyer a Soler, in its
sole discretion shall deem fair and practical, vvlhout liability to SLIer.
10, DEIVERY: Sales and delivery tithe goods provided hereunder
are FOB Point Of manufacture uriess Seller's offer or quote specfically
states oherAix Title and risk of loss "I pass to Buyer upon delivery
to the order at the FOB port or upon arrival dthe carrier at the
declination ajobsite boundary, it the FOB pant is destination orjobSte,
respesivdy. ffthe FOB point is at thejobdte, unloading b Buyers
responsibility. Delkery tojobske means motor truck deivery as close to
jae to as, in Sellers solejudgememt is sock and practical for loaded truce
and trailers operating under their own poser. Buyershalprovideand
maintain at his expense suable right of my, inducing access roads and
turn mounds, to the jobsite. Buyer shall ma sake a pup My trucks with
any power equpment without the expre¢ agreement of Seller and
delieringcarrier. Standbytime will be Barged when in excess of one
hourfrom the timed amval a tucks at thejobsite where such delay s
Page: 2 of 2
caused by Buyersfaiure to complywflh this paragraph. Selle,w1 make
every effort to deliver materials at the time requested by Buyer, but
performance cannot be scheduled on less than 48-hour notice to Sell
i i. DELAY, TERMINATION, OR CANCELLATION BY BUYER: Seller shat
be entitled to recover all costs, epenses and damages suffered as a
resuk of Buyers cancellation, extermination of this contract, or Buyers
delay d5elers performance under this contract
12. PATENTS: To the event the Items covered by this Sales Order
are manufactured pursuant to designs provided by Buyer, Buyer shall
indemnify and save harmless Seller, its agents and subcortwors, from
any expense, cost, bss, damage or lablityfor infringement of any
Patent wth respect to such items and thdr process of manufacture and
Buyer agrees at its own tsperse to defend a assist at Sellers option, in
the defense Of any action in which such nfdngement is alleged wild
respect to the manufacture, dales or use of such items ddnered
hereunder.
13. ASSISTANCE BY SELLER: No recommendation or statement
made or assistance given by Seller, ins representatives, or agents, in
connection with the instalation, applicator, storage, transportation, or
use of the goods aproducts furnished hereunder shall constitNe a
waiver by Stier of any tithe provisions herein, or enlarge Selers
liabiity, as herein defined, or be deemed to provide any warranty in
excess of those Seller vverarNes set forth heminabove.
14. ATTORNEY Fffi AND EXPENSES: 0 Seller is required to file suit or
take Other legal action to enforce any of its rights hereunder, including
vithmut initiation, proceedings to cakd amounts due Seller hereunder,
Buyer shad pay the reasonable attorney fees and erpenses inured by
Seller.
15. SAS: All sales are final. Any return of goods shag be subect to
the prior written approval of Seller.
16, SPECIFICATIONS, APPLICATION, AND LLE OF THE PROOICTS:
Products furnished are sold pursuant to Sellers specifications and are
subject to standard manufacturing variations, Seller may change
spedficztiors at any time vdhout incurring lability for products previously,
or subsequently sdd. Buyer shall be responsible for the perfornmce of
goods or products for Byers spedficatias. Buyer shall be responsible
for determining the appropriate use or application of Seiler's products for
Buyers requmments, notwithstanding Buyers solicitation of, or Sellers
Prom dng advice or recommendations to Buyer. Buyer waives any dam
against Seller, and Sellers agents or employees, arising out of Buyers
selection, application, or use tithe products furnished hereunder. Buyer
shaX indemnify and defend Seller from any dam or suit for personal injury
(including death), property damage, or other lability among act ohee
improper application, or any misuse of Sellers products, or failure to
follow Selers applcaton, installation, or safety instmctims, or proper
industry standards,
17. INTERPRETATION: The laws of the State tithe Sellers locations,
as set forth in Sellers address tithe masthead or quotation, dray govern
the interpretation and enforcement of this cordw. excluding only the law
of conflicts. N security interest filings are made by Seler, pursuant to the
payment paragraph hereof the Uniform Commercial Code as enaded in
the State wherein the flings are made shall govern that security interest
and those filings.
18. FINAL AGREEMENT: There are no underssan ings or agreements
between Buyer and Seller relating to this contract vvhich are ma duly
expressed herein, and no dange shall be coact, to this contras unless it
is made n writing and signed by duy, authorized officers of Seller and
Buyer. No part of Buyers cemrad(s) witiv Buyer'saslomeris included
in iNs contras except as may be speclaly and Wressy incorporated
in Sellersvwiken quotation to Buyer Buyer may not assign or otherwse
delegate Buyers obligations mderihis offer and any residing contract
without Selers express vvriken consent
O 1996 10196 CSPG supersedes 81-89
CITY OF NEWPORT ORT BEACH •
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768
NEWPORT BEACH, CA 92658 -8915
FAX COVER SHEET
DATE: 5 - o c6 - ®1 FAX NUMBER: 50,
COMPANY: I?PC- I F-, C— C.�-1 -r, -J(-.,
ATTENTION OF: L-1 e-J D A K A-.--p r>/Z
SUBJECT: 1 `=J , rj - 1 F k-2 A c r !Z r= P L Ac- -A, C11
S,rJA -o2\
PHONE NUMBER: (949) 644 -3311
NUMBER OF PAGES INCLUDING COVER SHEET.
FAXED BY. 0-1 1 5
FAX NUMBER: (949) 644 -3318
COMMENTS: * 3 --1 , S cz ( t-j iF— . 1
Please Notify Sender If Transmission Is Incomplete.
MAY -02 -2001 16:26
MAY 02 '01 03 :04PM
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CAP AL
1-- 4
2'-0"
RISE
MOUNTING
HEIGHT
POLE
LENGTH
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949 597 1753 P.02i02
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NOMINAL
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2 "31/4 "" W /HEX NUTS. WASHERS
ANO A ROO PLATE GALV,
2 -3/8" DIA. II
ALUM, PIPE
TOP DETAIL
9 -3/4" 7 -3/4" OCT.
HANDHOLE OPENING OCT.
3" x 5" x 6 -1/4" LG.
W /ALUM' COVER
ACCESS HOLE
4 -1/4' DIA. z B"
DIA. z 10 -3/4" I.C. i '" \ 14"
GRADE — J
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16 -1/2" TO
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GRADE 14"
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(4) 1 -2/4" x 1 -3/4"
LONG SLOTS
N076S: POLE PRO�U CTS
1. ASTM C -150 TYPE -III GRAY CEMENT. oZ% dc SYSTEM S
2. f'c 0 26 DAYS =6000 PSI. USING SPUN CYLINOER TEST. CITY OF NEWPORT BEACH CA.
3. Pc 0 28 DAYS4000 PSI, USING ASTM C -31 CYLINDER TEST.
C MANFACTllRED TO A5TM C- 1089 -97 sPEcocaoNs. 4C716 -SPL (M1X37) W /CF -4' ALUM ARM
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TOTAL P.02
CITY CLERK
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915
until 2.00 p.m. on the 29th day of November 2001,
at which time such bids shall be opened and read for
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
Title of Project
Contract No. 3394
$810,000
Engineer's Estimate
�G1FOR
Approved by
Stephen G. Badum
Public Works Director
Prospective bidders may obtain one set of bid documents at actual
cost at the office of the Public Works Department, 3300 Newport
Boulevard, Newport Beach, CA 92663.
Contractor Class "A" License required for this project
For further information, call Michael J. Sinacori, Project Manager at (949) 644- 3342
J �
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
•
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
TABLE OF CONTENTS
NOTICEINVITING BIDS .......................................................... ............................... Cover
INSTRUCTIONSTO BIDDERS ........................................................ ..............................1
BIDDER'S BOND ............................................................................... ..............................3
DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5
NON- COLLUSION AFFIDAVIT .......................................................... ..............................6
NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7
CONTRACT...................................................................................... ..............................8
LABOR AND MATERIALS BOND .................................................... .............................14
FAITHFUL PERFORMANCE BOND ................................................ .............................16
PROPOSAL.................................................................................... ...........................PR -1
SPECIAL PROVISIONS ................................................................. ...........................SP -1
PAGE 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words
"Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and
figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive
any minor irregularity or informality in such bids. Pursuant to Public Contract Code
Section 22300, at the request and expense of the Contractor, securities shall be
permitted in substitution of money withheld by the City to ensure performance under
the contract. The securities shall be deposited in a state or federal chartered bank
in California, as the escrow agent.
•
0
PAGE 2
In accordance with the California Labor Code (Sections 1770 et sec.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available in the office of the
City Clerk. All parties to the contract shall be governed by all provisions of the California
Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act ".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
Contractor's License No. & Classification
kaff-a "I. DM/zcS,—Z-iJt .
Bidder (�
7-C-� r r�- SYy�GfS�
Authorized Signature/Title
Ivv cB )91
Date
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT NO. 3394
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held' and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of TEN PERCENT TOTAL AMOUNT OF
BID Dollars ($ 1o9; * * * * * * ** ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of
DOVER DRIVE ZONE It WATER MAIN REPLACEMENT AND STREET REHABILITATION
FROM CLIFF DRIVE TO WEST COAST HIGHWAY, Contract No. 3394 in the City of Newport
Beach,- is accepted by the City Council of the City of Newport Beach and the proposed contract
is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract
Documents for the construction of the project in the form required within tgn days (10) (not
including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of
Award; otherwise this obligation shall become null and void. .
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this ?7TH day of NOVEMBER , 2001-
ALBERT W. DAVIES INC /.
Name of Contractor (Principal)
FIDELITY AND DEPOSIT CO.
Name of Surety OF MARYLAND-
225 S. LAKE AVE, STE. 7DD
Address of Surety PASADENA, CA 91101
626-792-Z'411
Telephone
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
TOTRL P.02
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
Slate of California
County of
SAN BERNARDINO
I SS.,
On NOV. 27TH, 2001efore me, _ CLAUDETTE N. .MARTIN, NOTARY PUBL
em Num am nee or Om... p.9.. •J.nw g,e, ual. j q,4eal
personally appeared ROBERT 0. YOUNG _ ,
Z
S CLAUDETTE N. ALMA TIR Ne!
COMM. Z
P NOTARY PU64 # "guN •S
3Ary 8ER e
'Iee».e. » »•»aMNN1NNejhW..0N 29,`2002 NF
(� personally known to me
O proved to me on the basis of satisfactory
evidence
to be the person(k) whose name(k) Is/dld
subscribed to the within instrument and
acknowledged to me that he/XWJf h1!y executed
the same In his /1X9IAMr authorized
capacity(Olitt), and that by his /Iftit211btt
signalureOC) on Ilse instrument the person0g), or
the entity upon behalf of which the persollt)
acted, executed the Instrument.
WITNESS my hand and official seal.
Fbco Nol.ry seal Ahay. 51p+slme of NWnry Public
CLAUDETTE N. MARTIN
OPTIONAL
Though ere Inromrnllon below Is nor rooulred by law, II may prova voluoble to persons relying on the documont
and could prevent fraudulent removal and reattachment of flits lorry to another document.
Description of Attached Document
Title or Type of Document: BID BOND
Document Date: NOV. 27Th 2001 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
NONE
Signer's Name: ROBERT O. YOUNG �-------------------
- --
❑ Individual Ton o+lhnxnp flan,
O Corporate Officer — Tille(s):
❑ Partner — ❑ Limited O General
IN Attorney in Fact
O Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: FIDELITY AND DEPOSIT COMPANY OF
MARYLAND
0 1997 N.Ilonl No1.ry Afeod.11un • 2350 a. Solo Ave.. P.O. Box 2402 • Ch.bwonh, CA 91313 2402 Fwd. No. 5907 M-cadar, Call Ton. Fee 1 000 076 5027
PAGE 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he /she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach.
2.
3.
4.
5.
6.
7.
8.
9.
Subcontract Work
Subcontractor
Address
t�59 ACn CAP ALL, COFpNA , a
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Bidder Authorized Sionature/Title
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year Project
Completed Name /Agency
SF—E-
74 t ��T VL" . T)AvY �� 11C.
Bidder
Person Telephone
To Contact Number
A-TT 4 +i D SbFE7r--Z S
Authorized Signature/Title
R- PIWOKn
Owner:
Project Name:
Location:
Project Desc.:
Contract Amount:
Completion Date:
Engineer:
Const. Manager:
Phone Number:
Owner:
Project Name:
Location:
Project Desc.:
Contract Amount:
Completion Date:
Engineer:
Const. Manager:
Phone Number:
0
Inland Empire Utilities Agency
Fontana, California
Archibald Relief Trunk Sewer
Ontario, California
54 -inch RGRCP, 42,36,33-inch VCP
$2,100,000
February 2001
ASL
Tim Van Damme
(909) 357 -0241
Desert Water Agency
Palm Springs, California
36" Farrell Drive Pipeline
Palm Springs, California
5,000 if of 36 -inch CMLC
$800,000
December 2000
Krieger & Stewart
Mark Krause
(760) 323 -4971
r�
Owner:
County Sanitation Districts of Los Angeles County
Whittier, California
Project Name:
Joint Outfall "H ", Unit 7C, Section 1
Location:
City of Industry, California
Project Desc.:
66 -inch RGRCP Trunk Sewer Line
Contract Amount:
$4,200,000
Completion Date:
October 1998
Engineer:
County Sanitation Districts of Los Angeles County
Const. Manager:
Rene Provost
Phone Number:
(323) 283 -0881
Owner:
Cucamonga County Water District
Rancho Cucamonga, California
Project Name:
Route 30 Water & Sewer Relocations
Location:
Rancho Cucamonga, California
Project Desc.:
Relocation of sewer and water lines
Contract Amount:
$500,000
Completion Date:
August 1998
Engineer:
Associated Engineers
Const. Manager:
Richard Oxaca
Phone Number:
(909) 987 -2591
Owner: Rancho California Water District
Temecula, California
Project Name: Kalmia Street Relief Sewer
Location:
Temecula, California
Project Desc.:
Installation of 33" VCP Sewer Main
Contract Amount:
$1,460,000
Completion Date:
June 1998
Engineer:
Krieger and Stewart
Const. Manager:
Craig Mapes
Phone Number:
(909) 676 -4101
Owner:
City of San Diego - MWWD
San Diego, California
Project Name:
Miramar Road Subsystem Extension, Part II
Location:
Miramar, California
Project Desc.:
Installation of 36 ", 12 ", 8" CML &C /PVC Reclaimed Water
Contract Amount:
$6,900,000
Completion Date:
December 1997
Engineer:
Camp, Dresser, & McKee/Berryman & Henigar, Inc.
Const. Manager:
Mark Andrilla
Phone Number:
(619) 533 -5297
Owner:
County Sanitation District of Orange County
Fountain Valley, California
Project Name:
Westiminster Force Main
Location:
Westminster, California
Project Desc.:
Installation of 42" DIP Force Main
Contract Amount:
$3,200,000 (Owner Supplied Pipe)
Completion Date:
June 1996
Engineer:
Keith Companies
Const. Manager:
John Linder
Phone Number:
(714) 962 -2411
Owner:
Rancho California Water District
Temecula, California
Project Name:
54" Winchester Road Water Main
Location:
Temecula, California
Project Desc.:
Installation of 54" CML &C Water Main
Contract Amount:
$1,000,000 (Owner Supplied Pipe)
Completion Date:
January 1996
Engineer:
RBF
Const. Manager:
Craig Mapes
Phone Number:
(909) 676 -4101
s •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
NON - COLLUSION AFFIDAVIT
State of California )
ss.
County of S1 '' ) ss.J
PAGE 6
LY`tnz -A . D*y-T S , being first duly sworn, deposes and says that he or she is
y,1,E hZes-TP A" of Qd.� W L. yj -501_ 4 z, the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the,bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of
the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid are true;
and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true
and correct.
Ater W. DAvtLrs , -&c.
Bidder Authorized Signature/Title
74
Subscribed and sworn to before me this � day of bV 5Mt4%P- , 2001.
[SEAL]
W Q 6
Notary Public
My Commission Expires: Juri e- a 0 03
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of S9N geQn6Lrurt'no ss.
On _y % before me, 4%1Jl e oTa O-R.03S , 14T -4eq q 3
De Nam¢ and nIW of 09cer (e .'Jane Doe, Nol PjbBC";
personally appeared 1—ESTb2 A -
Nam¢(a) d $Ignegp)
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h Co1AOt #1272214
NOTARY PUBLIC CALIFOW41A h
s�+SWi�,. c l ?FR d1tIG VO SCI 1rY al
IOpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and officinal seal.
Plan Notary S¢el Abov¢ Signalurk2fiNoTery Pu00c
OPTIONAL
Though the tnfonnatlon below is not required by low, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: "o ri ' C o (( to s 1 6 4u t -r-
Document Date: (1 1 ,2-4
Slgner(s) Other Than Named Above; N() SIG
Number of Pages:
Capacity(ies) Claimed by Signer � ,
Signer's Name: 1� _ _ (--BST R- 4� • � i c S
❑ Individual top of thumb mere
tK Corporate Officer— Tltle(s): Vl CC l�resl (ern -r
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: A) he 21 ) q u i es t 'Ti-
m 197 N81q 01 NOWn, A"ocielbn • 2350 D¢ Soto A• .. P.O. Boa 2402 • Chnbwodh. CA 01313-2002 Pmd. No. 6907 Rxrdcr. Cell T¢I4F¢c 1.800- 870-0B27
0 0
PAGE 7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt
Notice of Award to the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Engineer within ten (10) days (not
including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award
to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property-Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in
pursuance of authority granted by Article V t, Section 2, of the By -Laws of said Company, which are set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the dtaatt�1e hh'ereof, does hereby nominate, constitute and
appoint Robert O. YOUNG, of Anaheim Hills, Californi , its true a wful agent and Attomey -in -Fact, to make,
execute, seal and deliver, for, and on its behalf as surety, is act an o : any and all bonds and undertakings and
the execution of such bonds or undertakings in pursuanc se pr esisp,
all be as binding upon said Company, as fully
and amply, to all intents and purposes, as if they had b y execc acknowledged by the regularly elected officers
of the Company at its office in Baltimore, Md., in the' proper .
The said Assistant Secretary does hereby certify extras ss on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is e force.
IN WITNESS WHEREOF, the said Vice- ent and tant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FID AND DI COMPANY OF MARYLAND, this 14th day of February,
A.D. 2001. O
ATTEST: `lol�O 1�0 FIDELITY AND DEPOSIT COMPANY OF MARYLAND
eo utrgr ��
0
br i O
O t(�
rah O,
�
By:
�L. L. Goucher Assistant Secretary M. P. Hammond Vice President
State of Maryland
County of Baltimore ss:
On this 14th day of February, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
POA -F 012 -879aA
Carol J. Fader Notary Public
My Commission Expires: August 1, 2004
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the
date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of
the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in
Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 27TH dayof NOVLMDER 2001
is X/
Assistant Secretary
PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
CONTRACT
THIS AGREEMENT, entered into this 11th day of December, 2001, by and between the CITY
OF NEWPORT BEACH, hereinafter "City," and Albert W. Davies, Inc., hereinafter
"Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
DOVER DRIVE ZONE It WATER MAIN REPLACEMENT
AND STREET REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
Project Description
3394
Contract No.
WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's
careful examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the
following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's
Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment
Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings,
Plans and Special Provisions for Contract No. 3394, Standard Specifications for Public
Works Construction (current adopted edition and all supplements) and this Agreement,
and all modifications and amendments thereto (collectively the "Contract Documents ").
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
i
0
PAGE 9
C. COMPENSATION As full compensation for the performance and completion of the
Project as required by the Contract Documents, City shall pay to Contractor and
Contractor accepts as full payment the sum of seven hundred seventy thousand, nine
hundred thirty -one and 00 /100 Dollars ($770,931.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment.
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: IMichael J. Sinacori
(949) 644 -3342
F. LABOR CODE 3700 LIABILITY INSURANCE
hereby certifies:
Albert W. Davies, Inc.
8737 Helms Avenue
Rancho Cucamonga, CA 91730
909- 989 -3714
909 - 989 -0754 Fax
Contractor, by executing this Contract,
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less
than A:VII and insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
i
PAGE 10
insurer to bind coverage on its behalf. All certificates and endorsements are to be
received and approved by City before work commences. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in Contractor's bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0001 (Edition 11/85) or Insurance Services Office form number
GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability.
b) Insurance Services Office Business Auto Coverage form number CA 0001 0187
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
c) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
PAGE 11
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
i. City, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by
or on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises
owned, occupied or used by Contractor; or automobiles owned, leased, hired
or borrowed by Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to City, its officers, officials, employees or
volunteers.
ii. Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its officers, officials, employees and
volunteers. Any insurance or self- insurance maintained by City, its officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
b) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
c) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to City.
5. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
6. Riqht to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement
and /or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
0 0
PAGE 12
H. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
sole negligence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
0
PAGE 13
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and vear first written above.
CITY OF NEWPORT BEACH
A Municipal C rporation
By:: C 4
Mayor
APP r E AS TO FORM: Contractor A L 5( KT- W • DA J I(S & T C.
CITY' TTORNEY Authorized Signature and Title
• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET REHABILITATION
FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 3394 in accord with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
ITEM AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum
Mobilization, demobilization and
clean -up.
e" Dollars
and
00 s tp — Cents
Per Lump Sum
2. 1248 L.F.
Furnish and install 36 -inch water
main complete and in place
between stations 9 +83.43 -
36 +19.49
p
��
k Dollars
and
Cents
Per Linear Foot
Z.bS —
�,aG KaJY
$ �J
--33p-31 w ,
a
0
PR2 of 8
QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
ITEM AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
3. 133 L.F. Furnish and install 24 -inch water
main complete and in place.
and
Cents
Per Linear Foot
4. L.S. Trench shoring and safety
measures, complete and in
place.
Dollars
and
Cents
Per Lump Sum $ S
5. 2 EA. Furnish and install 36 -inch class
200 butterfly valves complete
and inn pl_ac�e.(�
l
Dollars
and
Cents
Per Each $ I y� _ l� $ ZS _
6. 1 EA. Furnish and install 24 -inch
butterfly valves complete and in
place. 4-4
Dollars '
and
Per Each
Cents $ -71 licb–
$ t
7. 2 EA. Furnish and install 16 -inch Class
{
200 butterfly valves'.. "'k,,a_,,A_U
i -JV cV Dollars �
and
Cents
Per Each
$ 2-186o- $ S__j_72&-
s
•
PR3 of S
QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
ITEM AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
8. Lump Sum Furnish and install 16 -inch DIP
connection to existing pressure
reducing station.
_ c
Dollars
and
Cents
Per Lump Sum
9. Lump Sum Abandonment of existing 30 -inch
and 24 -inch steel pipe.
Dollars
and
Cents
Per Lump Sum
10. 2 EA. Relocation of existing valve n
ez�v I s till r�,, „1t
c and
Cents
Per Each
$
11. 3 EA. CRemoval of existing valve boxes.
" P► ^�” " �ollars
�_- and
Cents
Per Each
12. 50 L.F. Removal and replacement of
Existing curb and gutter as
required for waterline
construction.
4` , Dollars
and
Cents _
Per Linear Foot $ 4,1_ $ �f 3
s
0
PR4 of 8
QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
ITEM AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
13. 4500 SF Removal and replacement of
existing sidewalks required for
waterline construction.
Dollars
�— and
Cents
Per Square Foot $ /
14. 1 EA. Furnish and install fire hydrant
assembly complet and ='I
Dollars
and
Cents
Per Each
15. Lump Sum Removal and replacement of
existing Caltrans drainage apron
as required for waterline
c�nstru i n.
IM Dollars
and
Cents $
Lump Sum
16. 2 EA. Relocation of existing electric
service meters as required for
waterline construction.
g �-)Dollars
and $ G�(7ij— $ 1 t�2�) _
Cents
Per Each
17. 1 EA. Furnish and install electrolysis
��nn test statio
Dollars
d
and
Cents $ $ 3, to)—
Per Each
PR5 of 8
QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
ITEM AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
18. 30 EA. Potholing of existing utilities and
connections.
-OLL � Dollars
and
Cents
Per Each $-
19. Lump Sum Dewatering as required for
pipeline con truction.
and
Cents
Per Lump Sum
20. Lump Sum Traffic control for pipeline
construction complete in place. p �
Dollars
and
Cents
Per Lump Sum
21. 15 EA. Adjust manhole to grade.
G -er " '(' D i
ars
and
Cents
Per Each
22. 9 EA. Adjust water valve to grade.
D Ilars
and
Cents
Per Each
23. 45 L.F. Remove and reconstruct
concrete curb and gutter Type
-{A�2 -8.
&K-Q- Dollars
and
Cents
Per Linear Foot
$ l<1-fo -
$4�J
$ 3i
$ 01 -
$ 3,14b -
$ ;nISI
$ iolaSb '
$ 3,810-
$ 1,31s-
29. 260 Tons Asphalt concrete pavement.
Dollars
and
Cents y
Per Ton $ S4J $ (4"104i1
PR6 of 8
QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
ITEM
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
24.
2000 S.F.
Remove and reconstruct
concrete sidewalk.
Dollars
�. and
Cents
Per Square Foot
$
/I
4
$L
25.
142 S.F.
Remove and reconstruct
concrete drive approach.
•D
Dollars
And
Cents
� 3
�—
Per Square Foot
$
$
26.
130 C.Y.
Roadway excavation.
�, Dollars
and
Cents
Per Cubic Yard
$
_
$
27.
89,400 S.F.
Cold plane pavement.
Dollars
and
Cents
U `
Per Square Foot
$
$ I
28.
3,625 S.F.
Cold plane pavement 0.33 feet.
Dollars
and
Cents
4'
(140'
Per Square Foot
$
$
29. 260 Tons Asphalt concrete pavement.
Dollars
and
Cents y
Per Ton $ S4J $ (4"104i1
1
•
PR7 of 8
QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
ITEM AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
30, 1200 Tons Asphalt rubber hot mix.
Dollars
and
Cents
Per Ton $ 'Af $ l410q�j _
31.
260 S.F. Remove and reconstruct median
hardscape.
Dollars
and
Cents $ 14_
Per Square Foot
32.
114 L.F. Remove and reconstruct concrete
median curb.
Dollars
and
Cents $
Per Linear Foot
33.
2 EA. Adjust streeeetliigghtcp_ullbox to grade.
4L-r —' Dollars
�--- and _
Cents $
Per Each
34.
Lump Sum Traffic control for road reconst�rucction,
Dollar" s
�---- and
Cents $
Per Lump Sum
35.
Lump Sum Reinstall traffic loops at Cliff Drive
,p and West Coast Highway.
�t
Dollars
and _
Cents $
Per Lump Sum
$ 3; 64b
T �, 12,Z
$ 113)-U-
$ I ft9?U
$ (34tL-
PR8 of 8
QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
ITEM AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
TOTAL PRICE IN WRITTEN WORDS
and Cents
Date
cei'<h)`f8i -3"1(4 Zofoy,18I -os�-
Bidder's Telephone and Fax Numbers
37og+�o —A
Bidder's License No(s).
and Classification(s)
Ov,
r �
$
,t n Total Price (Figures)
Bidder
Bidder's Authorized Signature and Title
873"7 6 1 Ltts F„U . " C-t-COK i,+
Bidder's Address G� 1(730
F:\Use rs \PBW\Shared \Con,rans \FY 01 -02 \DOVER DRIVE ZONE 11 WATER MAIN C- 3394TROPOSAL C -3394. doc
PUBLIC WORKS DEPARTMENT
INDEX FOR SPECIAL PROVISIONS
DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET REHABILITATION FROM
3 -3
CLIFF DRIVE TO WEST COAST HIGHWAY
3 -2.2
Payment 2
CONTRACT NO. 3394
Markup 2
SECTION 4
INTRODUCTION
4 -1
MATERIALS AND WORKMANSHIP 3
PART 1 - -- GENERAL PROVISIONS
Inspection Requirements 3
SECTION 2
SCOPE AND CONTROL OF THE WORK
1
2 -6
WORK TO BE DONE
1
2 -9
SURVEYING
2
2 -9.3
Survey Service
2
246
Survey Monuments
2
SECTION 3
CHANGES IN WORK
2
3 -3
EXTRA WORK 2
3 -2.2
Payment 2
3 -3.2.3
Markup 2
SECTION 4
CONTROL OF MATERIALS 3
4 -1
MATERIALS AND WORKMANSHIP 3
4 -1.3
Inspection Requirements 3
4 -1.3.4
Inspection and Testing 3
SECTION 5
UTILITIES 3
5 -7
ADJUSTMENTS TO GRADE 3
5.8
SALVAGED MATERIALS 3
SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK 4
6 -1 CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK 4
6 -7
TIME OF COMPLETION 4
6 -7.1
General 4
6 -7.2
Working Days 5
6 -7.4
Working Hours 5
6 -9 LIQUIDATED DAMAGES 5
t _ •
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
5
7 -5
PERMITS
5
7 -7
COOPERATION AND COLLATERAL WORK
6
7 -8
PROJECT SITE MAINTENANCE
6
7 -8.5
Temporary Light, Power and Water
6
7 -8.6
Water Pollution Control
6
7 -8.8
Steel Plates
6
7 -10
PUBLIC CONVENIENCE AND SAFETY
6
7 -10.1
Traffic and Access
6
7 -10.2
Storage of Equipment and Materials in Public Streets
7
7 -10.3
Street Closures, Detours, Barricades
7
7 -10.4
Public Safety
7
7- 10.4.1
Safety Orders
7
7 -10.5
"No Parking" Signs
8
7 -10.6
Street Sweeping Signs
8
7 -15
CONTRACTOR LICENSES
8
7 -16
CONTRACTOR'S RECORDSIAS BUILT DRAWINGS
8
SECTION 9
MEASUREMENT AND PAYMENT
8
93
PAYMENT
8
9 -3.1
General
8
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 207
PIPE
10
207 -9
IRON PIPE AND FITTINGS
10
207 -9.2
Ductile Iron Pipe for Water and Other Liquids
10
207 -9.2.3
Fittings
10
207 -9.2.4
Lining and Coating
10
207 -9.2.6
Polyethylene Encasement for External Corrosion Protection
10
207 -9.4
AWWA Butterfly Valves
10
207 -9.4.1
General
10
207 -10
STEEL PIPE
11
207 -10.2
Fabricated Steel Pipe
11
207- 10.2.5
Joints
12
207- 10.4.2
Cement Mortar Lining and Coating
12
SECTION 209
ELECTRICAL COMPONENTS
12
209 -3
Corrosion Monitoring System
12
1 •
209 -3.1
Thermal Weld Material
12
209 -3.2
Corrosion Test Stations
13
209 -3.3
Wire
13
209 -14
Reference Electrode
13
PART 3 - -- CONSTRUCTION METHODS
SECTION 300 EARTHWORK 13
300 -1
CLEARING AND GRUBBING
13
300 -1.3
Removal and Disposal of Materials
13
300 -1.3.1
General
13
300 -1.3.2
Requirements
14
300 -1.5
Solid Waste Diversion
14
SECTION 302
ROADWAY SURFACING
14
302 -5
ASPHALT CONCRETE PAVEMENT
14
302 -5.1
General
14
302 -5.4
Tack Coat
14
302 -6
PORTLAND CEMENT CONCRETE PAVEMENT
15
302 -6.6
Curing
15
SECTION 303
CONCRETE AND MASONRY CONSTRUCTION
15
303 -5
CONCRETE CURBS, WALKS, GUTTERS, CROSS
15
GUTTERS, ALLEY INTERSECTIONS, ACCESS
RAMPS AND DRIVEWAYS
15
303 -5.1
Requirements
15
303 -5.1.1
General
15
303 -5.4
Joints
15
303 -5.4.1
General
15
303 -5.5
Finishing
15
303 -5.5.1
General
15
303 -5.5.2
Curb
15
303 -5.5.4
Gutter
15
SECTION 306
UNDERGROUND CONDUIT CONSTRUCTION
16
306 -1.1.7
Dewatering
16
306 - 1.2.14
Installment of Cement Mortar -Lined and Coated Steel Pipe
16
306 - 1.2.14.1
Installation of Pipe
16
306 - 1.2.14.2
Welded Joints
18
306 - 1.2.14.3
Joint Coating and Lining
19
306 - 1.2.14.4
Installation of Pipe Appurtenances
21
306 - 1.2.14.5
Corrosion Control
22
306 -1.3
Backfill and Densification
22
306 -1.4
Testing Pipelines
22
306 -1.4.5
Water Pressure Test
22
306 -1.4.7
Watermain Disinfection
22
s
SECTION 307
STREET LIGHTING AND TRAFFIC SIGNALS
22
307 -4
TRAFFIC SIGNAL CONSTRUCTION
22
307 -4.9.3
Inductive Loops
22
SECTION 310
PAINTING
23
310 -5
PAINTING VARIOUS SURFACES
23
310 -5.6
Painting Traffic Striping, Pavement Markings,
24
600 -2.6.1
And Curb Markings
23
310 -5.6.7
Layout, Alignment, and Spotting
23
310 -5.6.8
Application of Paint
23
SECTION 312
PAVEMENT MARKER PLACEMENT AND REMOVAL
24
312 -1
PLACEMENT
24
PART 4
SECTION 400
ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE,
PORTLAND CEMENT CONCRETE, AND UNTREATED BASE
MATERIAL
24
400 -2
UNTREATED BASE MATERIALS
24
400 -2.1
General
24
400 -2.1.1
Requirements
24
SECTION 600
MODIFIED ASPHALTS, PAVEMENTS, AND PROCESSES
24
600 -2
CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -
WET PROCESS
24
600 -2.1
Asphalt Rubber
24
600 -2.1.1
General
24
600 -2.6
Asphalt- Rubber Hot Mix Gap- Graded
24
600 -2.6.1
General
24
600 -2.6.2
Distribution and Spreading
25
600 -2.6.3
Rolling
25
APPENDIX
City's Caltrans Permit 1001 -NUE -0370
Dover Drive Soils Borings dated March 27, 1995
1
a
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
SP 1 OF 25
DOVER DRIVE ZONE 11 WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY
CONTRACT NO. 3394
INTRODUCTION
All work necessary for the completion of this contract shall be done in accord with (1)
these Special Provisions; (2) the Plans (Drawing No. W- 5287 -S); (3) the City's Standard
Special Provisions and Standard Drawings for Public Works Construction, (1994
edition), including Supplements; (4) Standard Specifications for Public Works
Construction (1997 edition), including supplements. Copies of the Standard Special
Provisions and Standard Drawings may be purchased at the Public Works Department.
Copies of the Standard Specifications may be purchased from Building News, Inc.,
1612 Clementine Street, Anaheim, California, 92802, telephone (714) 517 -0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2-- -SCOPE AND CONTROL OF THE WORK
2 -6 WORK TO BE DONE. Add to this section:
"In October of 2000, the City of Newport Beach 30 -inch steel waterline in Dover Drive
between Cliff Drive and Coast Highway failed. The failure caused significant damage to
Dover Drive before being repaired by the City forces. The pipeline was originally
constructed in 1926 and serves as the main transmission facility for conveying water
from the City's 16th Street Pump Station to Big Canyon Reservoir.
In 1997, the City replaced some sections of this facility as part of its Groundwater
Development Project. The replacement ended in Cliff Drive, approximately 200 feet
west of the Dover Drive intersection: and consisted of 36 -inch steel cement mortar -
lined and coated pipe.
The proposed project would replace the remaining 30 -inch pipeline from Cliff Drive
(where the Groundwater Development Project replacement ended) to a point just west
t
ft
SP 2 OF 25
of Newport Bay. It will also replace existing pavement, curb, gutter, sidewalk and
median, which was damaged from the pipeline failure in October 2000.
The work is generally described as follows:
1. Construction of a new 36 -inch steel water transmission main, beginning 200 feet
west of Dover Drive in Cliff Drive, a point just west of Newport Bay. Total length
is approximately 1250 lineal feet.
2. Construction of approximately 133 lineal feet of 24 -inch steel water transmission
main.
3. Abandonment of approximately 900 lineal feet of 30 inch and 24 -inch steel
waterline.
4. Removal of two existing valve vaults.
5. Reconnection of an existing 12 -inch pressure reducing station in Dover Drive.
6. Cold plane and resurfacing of approximately 92,800 SF of pavement in Dover
Drive between Coast Highway and Cliff Drive.
7. Construction of approximately 97,000 SF of new roadway section.
8. Replacement of 57 lineal feet of median.
9. Replacement of 780 SF of sidewalk."
2 -9 SURVEYING
2 -9.3 Survey Service. Add to this section: "The Engineer will provide construction
staking as required to construct the improvements. Any additional stakes or any
restaking or costs thereof shall be the responsibility of the Contractor. The Contractor
shall notify the City in writing two working days in advance of the time that the stakes
are needed."
2.9.6 Survey Monuments. The Contractor shall, prior to the beginning of work,
inspect the project for existing survey monuments and protect them during construction
operations. In the event that existing survey monuments are removed or otherwise
disturbed during the course of work, the Contractor shall have the affected survey
monuments restored per records, at his expense. The Contractor's Engineer or
Licensed Surveyor shall also file the required Corner Records with the County of
Orange upon monument restoration.
SECTION 3 - -- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with:
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 20
SP 3 Of= 25
2) Materials ........ ............................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent
shall be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be
applied to the Subcontractor's actual cost of such work. A markup of 10 percent
on the first $5,000 of the subcontracted portion of the extra work and a markup
of 5 percent on work added in excess of $5,000 of the subcontracted portion of
the extra work may be added by the Contractor.
This Section only applies to work in excess of the estimated quantities shown in
the Proposal."
SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
shall furnish the Engineer full information as to the progress of the work in its various
parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's
readiness for inspection.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed his work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - -- UTILITIES
5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City -
owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and
survey monuments. The Contractor shall coordinate the adjustment of Southern
California Edison, The Gas Company, Pacific Bell and cable television facilities to the
finish grade with the appropriate utility company.
5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve
box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged
0 0
SP4OF25
materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The
Contractor shall make arrangements for the delivery of salvaged materials by
contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402.
SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to
this section: "The time for completion as specified in Section 6 -7, shall commence
at the time of City Council award.
The Contractor shall furnish City with certificates of insurance with original
endorsements effecting coverage required by this contract (Section G) to the City for
processing and approval prior to City permitting any work on site to commence.
No work shall begin until a schedule of work has been approved and a "Notice to
Proceed" has been issued by the Engineer. The Contractor shall submit a construction
schedule to the Engineer for approval a minimum of five working days prior to
commencing any work. Schedule may be bar chart or CPM style.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until he has exerted extra effort to meet his original schedule and has demonstrated that
he will be able to maintain his approved schedule in the future. Such stoppages of work
shall in no way relieve the Contractor from his overall time of completion requirement, nor
shall it be constructed as the basis for payment of extra work because additional
personnel and equipment were required on the job.
The term %vork" as used herein shall include all removals, adjustments and
replacements necessary for a complete installation, as shown on the Contract Drawings
and described in the Contract Specifications."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section: "The Contractor shall complete all work
under the Contract within 150 consecutive working days of City Council award.
This schedule includes ten days for processing of contract, bonds and insurance
documents and 80 working days to obtain pipe, valves and fittings.
It will be the Contractor's responsibility to ensure the availability of all material prior to
the start of work. Unavailability of material will not be sufficient reason to grant the
Contractor an extension of time for 100 percent completion of work."
0
SP5OF25
6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st,
the third Monday in January (Martin Luther King Day), the third Monday in February
(President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in
September (Labor Day), November 11th (Veterans Day), the fourth Thursday in
November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th,
November 11th or December 25th falls on a Sunday, the following Monday is a
holiday."
6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 P.M.
Monday through Friday.
Should the Contractor elect to work outside normal working hours, he must first obtain
special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M.
on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any
of these hours must be made at least 72 hours in advance of the desired time period.
A separate request must be made for each work shift. The Engineer reserves the right
to deny any or all such requests. Additionally, the Contractor shall pay for supplemental
inspection costs of $50.00 per hour when such time periods are approved.
6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive
calendar day after the one hundred and fifty consecutive working days specified for
completion of the work, the time specified for completion of Work, whichever occurs
first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City
or have withheld from moneys due it, the daily sum of $500.
Revise paragraph two, sentence one, to read, "Execution of the Contract shall
constitute agreement by the Agency and Contractor that five hundred dollars ($500) per
day is the minimum value of the costs and actual damage caused by the failure of the
Contractor to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
the disruption time to the public."
SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR
7 -5 PERMITS. Delete the first sentence and replace with the following: "The contractor
will be required to obtain a no fee City of Newport Beach Encroachment permit prior to
the start of work. The Contractor is also required to obtain a rider to the City's Caltrans
NUE permit for work in West Coast Highway. A copy of the City's Caltrans permit and
requirement is attached in the appendix. An NPDES permit for dewatering operations
will be required for this job. Obtaining such a permit from the Regional Water Quality
Control Board (RWQCB) shall be the responsibility of the Contractor."
0 0
SP6OF25
7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will
perform all shut downs of water facilities as required. The Contractor shall give the City
seven calendar days notice of the time he desires the shut down of facilities to take
place.
The existing water pipeline shut down will be no more than seven colander days to
allow for all tie -ins. The Contractor will be responsible for completing all water
connections within the time period allowed and shall utilize extra crews and be allowed
longer working hours during the tie -in periods. The times and dates of any utility to be
shut down must be coordinated with the City of Newport Beach, Utilities Division. The
City must approve any nighttime work in advance.
The Contractor shall provide and install new water meter and valve boxes. All existing
water meter or valve box frames and covers shall be salvaged. Salvaged meter or
valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West
16th Street. The Contractor shall make arrangements for the delivery of salvaged
materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402."
7 -8 PROJECT SITE MAINTENANCE
7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor
elects to use the City's water, he shall arrange for a meter and tender a $813 meter
deposit with the City. Upon return of the meter to the City, the deposit will be returned
to the Contractor, less a quantity charge for water usage and repair charges for damage
to the meter."
7 -8.6 Water Pollution Control. Add to this section: "Surface runoff water
containing mud, silt or other deleterious material due to the construction of this project
shall be treated by filtration or retention in settling basin(s) sufficient to prevent such
material from migrating into any catch basin or the bay."
7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These
plates may be obtained for a rental charge of $15.00 per plate per week or part thereof.
In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting
and for the use of trench plates. The Contractor shall obtain plates from and return
plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of
plates available and to reserve the plates, the Contractor must call the City's Utilities
Superintendent, Mr. Ed Burt, at (949) 718 -3402.
7 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide
traffic control and access in accord with Section 7 -10 of the Standard Specifications
and the Work Area Traffic Control Handbook (WATCH) also published by Building
News, Inc. and per Caltrans requirements for lane closures on West Coast Highway"
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7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials shall not be stored in streets,
roads, or sidewalk areas."
7 -10.3 Street Closures, Detours and Barricades. Add to this section, "For the
water main replacement portion of the project, the Contractor shall use the traffic
control plan included in the plan set as a guideline for the preparation of traffic control
plans included in the bid set. For the resurfacing work, the Contractor shall submit
traffic control plans to the City for Approval. The Contractor shall be responsible for
processing and obtaining approval of the traffic control plans from the City's Traffic
Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All
traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the
provisions of the WORK AREA TRAFFIC CONTROL (W.A.T.C.H.), 1996 Edition and
per Caltrans requirements for lane closures on West Coast Highway.
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and /or lighted.
4. The Contractor shall maintain at least one lane or traffic in each direction on
Cliff and Dover Drive.
5. Lane closures will be limited to the following working hours:
Southbound Dover Drive
Northbound Dover Drive
Cliff Drive
West Coast Highway
7 -10.4 Public Safety
8:30 a.m.
to 4:00 p.m.
8:30 a.m.
to 3:30 p.m.
8:30 a.m.
to 4:30 p.m.
9:00 a.m.
to 3:00 p.m."
7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely
and completely responsible for conditions of the job -site, including safety of all persons
and property during performance of the work, and the Contractor shall fully comply with
all State, Federal and other laws, rules, regulations, and orders relating to the safety of
the public and workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
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7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in
place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING"
signs) which he shall post at least forty -eight hours in advance of the need for
enforcement. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least
forty -eight hours in advance of the need for enforcement. The signs shall (1) be made
of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches
high; and (3) be similar in design and color to sign R -38 of the Caltrans Uniform Sign
Chart.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs,
the Contractor shall cover street sweeping signs, on those streets adjacent to
construction, in a manner approved by the Engineer. Immediately after construction is
complete and the street is opened to traffic, the Contractor shall uncover the street
sweeping signs.
7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess a General Engineering Contractor "A" License. At
the start of work and until completion of work, the Contractor shall possess a Business
License issued by the City of Newport Beach.
7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, the
Contractor shall maintain "As- Built" drawings of all work as the job progresses. A
separate set of drawings shall be maintained for this purpose. These drawings shall be
up -to -date and so certified by the Engineer at the time each progress bill is submitted.
Upon completion of the project, the Contractor shall provide "As- Built" corrections upon
a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer
prior to final payment or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
SECTION 9 - -- MEASUREMENT AND PAYMENT
9 -3 PAYMENT
9 -3.1 General. Revise paragraph two to read; "The unit and lump sum prices bid
for each item of work shown on the proposal shall include full compensation for
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SP 9 OF 25
furnishing the labor, materials, tools, and equipment and doing all the work to complete
the work in place and no other compensation will be allowed thereafter. Payment for
incidental items of work not separately listed shall be included in the prices shown for
the other related items of work. The following items of work pertain to the bid items
included within the Proposal:
Item
No. Description _
1. Mobilization, demobilization and clean -up.
2. Furnish and install 36 -inch water main complete and in place between
Stations 9 +83.43 - 36 +19.49.
3. Furnish and install 24 -inch water main complete and in place.
4. Trench shoring and safety measures complete and in place.
5. Furnish and install 36 -inch Class 200 butterfly valves complete and in place.
6. Furnish and install 24 -inch butterfly valves complete and in place.
7. Furnish and install 16 -inch Class 200 butterfly valves.
8. Furnish and install 16 -inch DIP connection to existing pressure reducing
station.
9. Abandonment of existing 30 -inch and 24 -inch steel pipe.
10. Relocation of existing valve vaults.
11. Removal of existing valve boxes.
12. Removal and replacement of existing curb and gutter as required for
waterline construction.
13. Removal and replacement of existing sidewalks required for waterline
construction.
14. Furnish and install fire hydrant assembly complete and in place.
15. Removal and replacement of existing Caltrans drainage apron as required for
waterline construction.
16. Relocation of existing electric service meters as required for waterline
construction.
17. Furnish and install electrolysis test stations.
18. Potholing of existing utilities and connections.
19. Dewatering as required for pipeline construction.
20. Traffic control pipeline construction complete in place.
21. Adjust manhole to grade.
22. Adjust water valve to grade.
23. Remove and reconstruct concrete curb and gutter Type A2 -8.
24. Remove and reconstruct sidewalk.
25. Remove and reconstruct concrete drive approach.
26. Roadway excavation.
27. Cold plane pavement.
28. Cold plane pavement at 0.33 feet.
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SP 10 OF 25
Item
No. Description
29. Asphalt concrete pavement
30. Asphalt rubber hot mix.
31. Remove and reconstruct median hardscape.
32. Remove and reconstruct concrete median curb.
33. Adjust streetlight pullbox to grade.
34. Traffic control for road reconstruction.
35. Replace traffic loops.
PART 2
CONSTRUCTION MATERIALS
SECTION 207 -- -PIPE
207 -9 IRON PIPE AND FITTINGS
207 -9.2 Ductile Iron Pipe for Water and Other Liquids
207 -9.2.3 Fittings. Add to this section: "Water main fittings shall be
manufactured in accord with AWWA C110 (ANSI A21 -10) and a shall be ductile iron.
Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not
be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured
in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting
shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5
pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316
stainless steel. Threads shall be coated with a liberal amount of anti -seize compound.
Flange gaskets shall be full -faced Buna -N, nylon impregnated rubber.
207 -9.2.4 Lining and Coating. Revise this section to read: "The internal
surfaces of ductile iron pipe and fittings used for water mains shall be lined with a
uniform thickness of cement mortar the sealed with bituminous coating in accord with
AWWA C104 (ANSI A21 -4). The outside surface of ductile iron pipe fittings shall be
coated with bituminous coating 3 -mils thick in accord with ANSI A 21.6 on ANSI
A21.51."
207 -9.2.6 Polyethylene Encasement for External Corrosion Protection.
Revise this section to read: "Ductile iron pipe fittings and valves buried underground
shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5).
Wrap shall be loose 8 -mil thick polyethylene."
207 -9.4 AWWA Butterfly Valves
207 -9.4.1 General. All butterfly valves shall be of the tight - closing, rubber -
seat type, conforming to the design standards of ANSI /AWWA C504 latest revision,
except where noted herein. Valves shall be bubble -tight at the rated pressure in either
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SP 11 OF 25
direction and shall be suitable for throttling service and /or operation after longs periods
of inactivity. All butterfly valves shall be from the same manufacturer. Valves shall be
manufactured by the Henry Pratt Co. Butterfly Valves (Class 250).
All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI 816.1
class 125 -psi drilling flanges. All valves to have 316 stainless steel exterior body bolts.
Discs shall be flow through on sizes above 24 inch. Valve discs shall be constructed of
ductile iron ASTM A536 or cast iron ASTM 126 Class B with a 316 stainless steel edge
to mate with a rubber seat. Valves shall have a two -piece stub shaft of 17-4 stainless
steel, corresponding to the requirements of AWWA C504, latest revision. The shafts
shall fasten to the disc by means of a threaded taper pin on sizes 24 -inch and above.
Valve seat shall be Buna -N located on the valve body. The seat shall be mechanically
retained in the body without metal hardware by a cast epoxy compound that insures the
seat conforms to the exact radius of the disc with uniform contact pressure. The use of
valves with the rubber seat located on the valve disc will not be permitted.
All shaft bearings shall be of the self - lubricating, corrosion - resistant, sleeve type.
Bearings shall be designed for horizontal and /or vertical shaft loading. Shaft packing
shall be self- adjusting. The valve disc shall be epoxy coated with an AWWA NSF -61
coating system on wetted interior surfaces 16 mils, holiday free. Exterior coating shall
have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve
manufacturer.
All valves shall be hydrostatic and leak tested in accordance with ANSI /AWWA C504,
latest revision with the following modification: All valves shall be hydrostatically tested
and leak tested. The leak test shall be performed at the differential pressure of 250 psi
with the disc in the closed position. In a slightly open position internal hydrostatic
pressure equal to 500 pounds shall be applied to the inside of the valve body for 5
minutes. All valves to be tested with the actuator installed as a complete unit by the
valve manufacture. Provide certified test reports with all valve shipments.
Manufacturer furnishing valves shall present proof of compliance with ANSI /AWWA
C504, latest revision. The valve actuators are to be installed and tested at the factory
by the valve manufacture. All actuators to be provided with 316 stainless steel exterior
body bolts.
Valve actuators shall be fully greased packed and have valve stops in the open /closed
position. The actuator shall have a mechanical stop, which will withstand and input
torque of 450 foot - pounds.
207 -10 STEEL PIPE
207 -10.2 Fabricated Steel Pipe.
207 - 10.2.1 General. Delete Paragraph 4 in its entirety beginning with "Prior to
fabrication of pipe..." Replace with the following:
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SP 12 OF 25
"The Contractor shall submit for approval detailed shop drawings of the steel pipe,
manholes and outlets to be attached to the pipe, and all fabricated fittings to be
incorporated in the pipeline and structures, together with erection profile drawings
showing:
1. The location, length, plate thickness, location of welded seams, and designation by
number of each steel pipe section and fabricated fitting to be furnished and
installed;
2. The pipe axis station and elevation at all changes in gradient or horizontal
alignment;
3. The station and invert elevation to which the spigot end of each pipe, within the
limits of a horizontal or vertical curve, will be laid;
4. All elements of curves and bends, both in horizontal and vertical alignment,
including elements of the resultant true angular deflections in all cases of combined
curvature, and inside, outside, and centerline chords;
5. Locations of longitudinal and circumferential joints in the pipe, fabricated fittings,
and outlets;
6. Details, locations, and calculations for bulkheads for hydrostatic testing of the
pipeline, pipe restraints;
7. Limits of each type of field welded joint and of concrete encasements; and
8. Alignment data in the direction of stationing."
207 - 10.2.5 Joints. Bell and Spigot ends with rubber gaskets shall not be
allowed. All flanges shall be hub style, Class E conforming to AWWA C207.
207 - 10.4.2 Cement Mortar Lining and Coating. Add the following: "Cement
mortar shall conform to ASTM C150, Type V."
SECTION 209 - -- ELECTRICAL COMPONENTS
209 -3 Corrosion Monitoring System
209 -3.1 Thermal Weld Material. Cartridges and sleeves for welding the test
lead wires, jumper bonding wires and anode lead wires to the pipe, shall be "Cadweld,"
"Thermoweld," or approved equal. Cartridge type and weight shall be as recommended
by the manufacturer for the type of pipe (steel, ductile iron, or cast iron) to which the
wire is to be welded, size of wire and welder mold being used.
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SP 13 OF 25
Thermic weld caps shall be high- density polyethylene plastic, 20 mils (minimum) thick,
as manufactured by Royston Laboratories, Phillips Petroleum, or approved equal.
Design shall incorporate an elastomeric or a mastic - filled dome and a tunnel portion to
contain the lead wire from the thermic weld connection. The mastic coating shall be
Koppers Bitumastic 50, Tnemec 46 -450, Gilsonite, or approved equal. Prior to
application of the mastic coating, the manufacturer's recommended primer shall be
applied to exposed metal.
209 -3.2 Corrosion Test Stations. At Grade Test Boxes: Shall be round or
square concrete valve box type at least 8- inches in diameter and 12- inches deep. Test
station box shall be Brooks Products 3RT, Christy G5, or approved equal traffic valve
box with cast -iron cover marked "CP Test" and shall be designed to withstand H -20
traffic loads.
209 -3.3 Wire. All wire and cable shall be single conductor, stranded copper,
with 600 -volt insulation wire conforming to ASTM U.L. 83. Insulation color and wire size
shall be as shown on the plans.
Joint bonding wires shall have HMWPE insulation per ASTM 1248.
209 -3.4 Reference Electrode. Reference electrodes shall be the copper -
sulfate type designed for direct burial in soil. It shall be pre - packaged in a low resistivity
backfill formulated to retain moisture and maintain stability. Reference electrodes shall
be Farwest Corrosion Control Co. FWCC -SP -150 or equal.
PART 3
CONSTRUCTION METHODS
SECTION 300 - -- EARTHWORK
300 -1 CLEARING AND GRUBBING
300 -1.3 Removal and Disposal of Materials
300 -1.3.1 General. Add to this section: "The work shall be done in accordance
with Section 300 -1.3.2 of the Standard Specifications except as modified and
supplemented herein. Joins to existing pavement lines shall be full depth sawcuts.
Final removal between the sawcut lines may be accomplished by the use of
jackhammers or sledgehammers. Pavement breakers or stoppers will not be permitted
on the job. The Engineer must approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
will remove any broken concrete, debris or other deleterious material from the job site at
the end of each work day."
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SP 14 OF 25
300 -1.3.2 Requirements
( c ) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly
made to a minimum of two (2) inches." And replace the words "1' /z inch" of the last
sentence with the words "two (2) inches ".
300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes
generated from the job site shall be disposed of at a facility which crushes such
materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed
of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer on a form provided by the Engineer.
SECTION 302 - -- ROADWAY SURFACING
302 -5 ASPHALT CONCRETE PAVEMENT
302 -5.1 General. Add to this section: "The asphalt concrete base course (A.C.)
used shall be III -C3 -AR -4000. All cracks '/a -inch or greater in width shall be cleaned
and sealed with a hot - applied crack sealant. Holes, spalls, and cracks greater than f-
inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix.
The pavement shall then be cleaned with a power broom.
The crack sealant shall be a Type "D" Joint Sealant per section 201 -3.7 of the Standard
Specifications and shall be ROADSAVER II by Crafto or approved equal. The
Contractor shall submit for approval the material he intends to use prior to its
incorporation into the work.
All pavement cracks 1/4-inch and larger shall be cleaned using a wand and compressed
air. Air cleaning shall be performed immediately before the application of the crack
sealant and shall remove all dust, dirt, oil, and other foreign matter.
The sealant shall be applied at the manufacturer's recommended pour temperature
using either a wand equipped with an applicator disk or a squeegee. The joint shall be
filled to the top without the formation of voids. The top of the finish joint seal shall be
between '/< -inch and 318- inches below the finish surface.
Asphalt paving shall be done the day after the cold - milling is completed. No segment of
street shall be left in a cold - milled state for more than one day."
302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete
patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one —
tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and
P.C.C. surfaces and edges against which asphalt concrete is to be placed."
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SP 15 OF 25
302 -6 PORTLAND CEMENT CONCRETE PAVEMENT
302 -6.6 Curing. Add to this section: "The Contractor shall not open street
improvements to vehicular use until P.C.C. has attained the minimum compressive
strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength
may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by
the use of additional Portland cement or admixtures with prior approval of the
Engineer."
SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION
303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303 -5.1 Requirements
303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall
be opened to pedestrian access on the day following concrete placement. In addition,
all forms shall be removed, irrigation systems shall be repaired, and backfill or
patchback shall be placed within 72 hours following concrete placement. Newly poured
P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until
the concrete has cured to a minimum strength of 2,000 psi."
303 -5.4 Joints
303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut
parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire
length of the alley. The Contractor may also sawcut the property lines, adjacent to the
alley, in lieu of scoring the pavement along the property lines or constructing an edged
cold joint. All sawcuts shall be made to a depth of 2 inches."
303 -5.5 Finishing
303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C.,
P.C.C. and brick within private property at locations shown on the plans in a manner
that matches the adjoining existing private property in structural section, texture and
color."
303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb
markings that indicate sewer lateral or water valve location on the face of the curb. The
Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X"
for water valve locations. "X" shall indicate the number of feet from the curb face to the
valve. To determine the location of sewer laterals and water services, the Contractor
must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402."
303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line
tolerances to within 0.01 feet of those elevations shown on the plan."
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SECTION 306 - -- UNDERGROUND CONDUIT CONSTRUCTION
306 -1.1.7 Dewatering. Add the following. "The Contractor shall provide and
maintain at all times during construction, ample means and devices with which to
promptly remove and properly dispose of all water, from any source, entering the
excavations or other parts of the work. Dewatering shall be accomplished by methods
which will ensure a dry excavation and preservation of the lines and grades of the
bottoms of excavations. For pipeline work, the methods may include sump pumps,
deep wells, well points, suitable rock or gravel placed below the required bedding for
draining and pump purposes, temporary pipelines and other means.
Dewatering for structures and pipelines shall commence when groundwater is first
encountered, and shall be continuous until such times as water can be allowed to rise
in accord with the provisions of this section or other requirements.
Standby pumping equipment shall be provided on the jobsite. A minimum of one
standby unit (one for each ten in the event well points are used) shall be available for
immediate installation should any well unit fail. The design and installation of well
points or deep wells shall be suitable for the accomplishment of the work.
Disposal of water from dewatering operations shall be the sole responsibility of the
Contractor. Disposal methods shall conform to the Porter - Cologne Water Control Act
Amendment of 1972; and the California Administrative Code, Title 23, Chapter 3.
The Contractor shall dispose of the water from the work in a suitable manner without
damage to adjacent property. Conveyance of the water shall be such as to not interfere
with traffic flow. No water shall be drained into work built or under construction without
prior consent of the CNB.
Water shall be desilted before disposal in any sewer, storm drain or other conveyance
system. The system used for desilting the water shall be baffled structure and shall
provide not less than five minutes detention time and shall be designed to have a "flow -
through" velocity not exceeding 0.2 feet per second at the anticipated peak flow. The
desilting box shall be cleaned as required to maintain the detention time and flow -
through limitations specified above.
The Contractor shall ensure that all extracted and discharged water meets the basin
plan water quality criteria. An NPDES permit will be required for this job. Obtaining
such a permit from the RWQCB shall be the responsibility of the Contractor."
306 - 12.14 Installment of Cement Mortar -Lined and Coated Steel Pipe. Add
Section 306 - 1.2.14 as follows:
"306- 1.2.14.1 Installation of Pipe. The Contractor shall install all pipe, fittings,
closure pieces, bends, reducers, wyes, tees, crosses, outlets, manifolds, and other
steel plate specials, bolts, nuts, gaskets, jointing materials, and all other appurtenances
as indicated and as required to provide a complete and workable installation. No pipe
SP 17 OF 25
shall be installed when the lining or coating /interior or exterior surfaces show cracks that
may be harmful as determined by the Engineer. Such damaged lining and
coating /interior and exterior surfaces, shall be repaired, or a new undamaged pipe shall
be provided.
All pipe damaged prior to Substantial Completion shall be repaired or replaced by the
Contractor.
The Contractor, shall inspect each pipe and fitting to insure that there are no damaged
portions of the pipe. The Contractor shall remove or smooth out any burrs, gouges,
weld splatter or other repairable defects prior to laying the pipe.
Trenches shall be in a reasonably dry condition when the pipe specials are laid.
Necessary facilities including slings shall be provided for lowering and properly placing
the pipe sections in the trench without damage. The pipe and specials shall be laid to
the line and grade shown, and they shall be closely jointed to form a smooth flow line.
Before placement of pipe in the trench, each pipe or fitting shall be thoroughly cleaned
of any foreign substance which may have collected thereon and shall be kept clean at
all times thereafter. For this purpose, the openings of all pipes and fittings in the trench
shall be closed during any interruption of the work.
Immediately before placing each section of pipe in final position for jointing, the bedding
for the pipe shall be checked for firmness and uniformity of surface. When the pipe is
being laid, it shall be turned and placed where possible, so that any slightly damaged
portion will be on top. The damaged area shall be repaired for the protection of any
exposed steel. All damaged areas shall be repaired using materials and methods
acceptable to the City.
Pipe shall be laid directly on the bedding material. No blocking will be permitted, and
the bedding shall be such that it forms a continuous, solid bearing for the full length of
the pipe. Excavations shall be made as needed to facilitate removal of handling devices
after the pipe is laid. Bell holes shall be formed at the ends of the pipe to prevent point
loading at the bells or couplings. Excavation shall be made as needed outside the
normal trench section at field joints to permit adequate access to the joints for field
connection operations and for application of coating on field joints.
Each section of pipe shall be laid in the order and position shown on the laying
schedule. In laying pipe, it shall be laid to the set line and grade, within approximately
one inch plus or minus.
Where necessary to raise or lower the pipe due to unforeseen obstructions or other
causes, the City may change the alignment and /or the grades. Such change shall be
made by the deflection of joints, by the use of bevel adapters, or by the use of
additional fittings. However, in no case shall the deflection in the joint exceed the
maximum deflection recommended by the pipe manufacturer. No joint shall be misfit by
any amount which will be detrimental to the strength and water tightness of the finished
SP 18 OF 25
joint. In all cases, the joint opening, before finishing with the protective mortar inside the
pipe, or prior to applying in -place mortar lining, shall be the controlling factor.
Moderate deflections and long radius curves may be made by means of beveled joint
rings, by pulling standard joints, by using short lengths or pipe, or a combination of
these methods; provided that pulled joints shall not be used in combination with bevels.
The maximum total allowable angle for beveled joints shall be 5 degrees per pipe joint.
Bevels shall be provided on the bell ends. Mitering of the spigot ends will not be
permitted. The maximum allowable angle for pulled joints shall be in accordance with
the manufacturer's recommendations or the angle which results from a 314 -inch pull out
from normal joint closure, whichever is less. All horizontal deflections or fabricated
angles shall tall on the alignment.
All vertical deflections shall fall on the alignment and at locations adjacent to
underground obstructions, points of minimum earth cover, and pipeline outlets and
structures. The pipe angle points shall match the angle points indicated.
Except for short runs, which may be permitted by the City, pipes shall be laid uphill on
grades exceeding 10 percent. Pipe that is laid on a downhill grade shall be blocked and
held in place until sufficient support is furnished by the following pipe to prevent
movement. All bends shall be properly installed.
The openings of all pipe and specials where the pipe and specials have been cement- -
mortar lined in the shop shall be protected with suitable bulkheads to maintain a moist
atmosphere and to prevent unauthorized access by persons, animals, water or any
undesirable substance. The bulkheads shall be so designed to prevent drying out of the
interior of the pipe. The Contractor shall introduce water into the pipe to keep the mortar
moist where moisture has been lost due to damaged bulkheads.
The Contractor shall take all necessary precautions to prevent the pipe from floating
due to water entering the trench from any source, shall assume full responsibility for
any damage due to this cause, and shall at its own expense restore and replace the
pipe to its required condition and grade if it is displaced due to floating.
As pipe laying progresses, the Contractor shall keep the pipe interior free of all debris.
The Contractor shall completely clean the interior of the pipe of all sand, dirt, mortar
splatter and any other debris following completion of pipe laying, pointing of joints and
any necessary interior repairs prior to testing [and disinfecting] the completed pipeline.
Where pipe support details are indicated, the supports shall conform thereto and shall
be placed as indicated; provided that the support for all exposed piping shall be
complete and adequate regardless of whether or not supporting devices are specifically
indicated. Where indicated, concrete thrust blocks or welded joints shall be provided."
306 - 1.2.14.2 Welded Joints, General: Field welded joints shall be in
accordance with ANSI /AW WA C206.
171
SP 19 OF 25
Where exterior welds are performed, adequate space shall be provided for welding and
inspection of the joints.
During installation of welded steel pipe in either straight alignment or on curves, the
pipe shall be laid so that the lap joint clearance, at any point around the circumference
of the joint, shall comply with the requirements of AWWA C 206. Unless double fillet
welds are indicated, field welded lap joints may, at the contractor's option, be made on
either the inside or the outside of the pipe.
Butt straps, where used or required, shall be a minimum of 6 inches wide, the same
thickness as the pipe wall and shall provide for a minimum of 3/4 -inch lap at each pipe
joint. The pipe ends shall be cut straight on joints where butt straps are used for
realignment, adjustment, or deflection, and fillet welds shall be made as indicated.
After the pipe and pipe joint are properly positioned in the trench, the length of pipe
between joints shall be backfilled to at least one foot above the top of the pipe. Care
shall be exercised during the initial backfilling to prevent movement of the pipe and to
prevent any backfill material from being deposited on the joint.
To control temperature stresses, the unbackfilled joint areas of the pipe shall be shaded
from the direct rays of the sun by the use of properly supported awnings, umbrellas,
tarpaulins, or other suitable materials for a minimum period of 2 hours prior to the
beginning of the welding operation and until the weld has been completed. Shading
materials at the joint area shall not rest directly on the pipe but shall be supported to
allow air circulation around the pipe. Shading of the pipe joints need not be performed
when the ambient air temperature is below 45 degrees Fahrenheit.
Prior to the beginning of the welding procedure, any tack welds used to position the
pipe during laying shall be removed. Any annular space between the faying surfaces of
the bell and spigot shall be equally distributed around the circumference of the joint by
shimming, jacking, or other suitable means. The weld shall then be made in accordance
with ANSI /AWWA C206. Where more than one pass is required, each pass except the
first and final one shall be peened to relieve shrinkage stresses; and all dirt, slag, and
flux shall be removed before the succeeding bead is applied.
As soon as practicable after welding of each joint, all field - welded joints shall be tested
by the liquid penetrant inspection procedure conforming to the requirements of
ANSI /ASTM E 165 under Method "B" and "Leak Testing." All defects shall be chipped
out, re- welded and retested. Upon retest, the repaired area shall show no leaks or other
defects.
Following tests of the joint, the exterior joint spaces shall be coated in accordance with
these specifications after which backfilling may be completed.
306 - 1.2.14.3 Joint Coating and Lining. General: The interior and exteriorjoint
recesses shall be thoroughly wiped clean and all water, loose scale, dirt and other
foreign material shall be removed from the inside surface of the pipe. The cement for
SP 20 OF 25
joint grout and mortar shall be portland cement acceptable under ASTM C150 and shall
be of the same type used for the pipe coating.
After the pipe has been laid and after sufficient backfill has been placed between the
joints to hold the pipe securely in place, the outside annular space between pipe
sections shall be completely filled with grout formed by the use of polyethylene
foam -lined fabric bands. The grout shall be composed of one part cement to not more
than 2 parts sand, thoroughly mixed with water to a consistency of thick cream. The
grout space prior to filling shall be flushed with water so that the surface of the joint to
be in contact with the grout will be thoroughly moistened when the grout is poured. The
joint shall be filled with grout by pouring from one side only, and shall be rodded with a
wire or other flexible rod or vibrated so that the grout completely fills the joint recess by
moving down one side of the pipe, around the bottom of the pipe and up the opposite
side. Pouring and rodding the grout shall be continued to allow completion of the filling
of the entire joint recess in one operation. Care shall be taken to leave no unfilled
space. Grouting of the outside joint spaces shall be kept as close behind the laying of
the pipe as possible except that in no case shall grouting be closer than 3 joints of the
pipe being laid.
Grout Bands (Diapers): The grout bands or heavy -duty diapers shall be polyethylene
foam -lined fabric with steel strapping of sufficient strength to hold the fresh mortar,
resist rodding of the mortar and allow excess water to escape. The foam plastic shall be
100 percent closed cell, chemically inert, insoluble in water and resistant to acids,
alkalies and solvents.
The fabric backing shall be cut and sewn into 9 -inch wide strips with slots for the steel
strapping on the outer edges. The polyethylene foam shall be cut into strips 6 inches
wide and slit to a thickness of 1/4 -inch which will expose a hollow or open cell surface
on one side. The foam liner shall be attached to the fabric backing with the open or
hollow cells facing toward the pipe. The foam strip shall cover the full interior
circumference of the grout band with sufficient length to permit an 8 -inch overlap of the
foam at or near the top of the pipe joint. Splices to provide continuity of the material will
be permitted. The polyethylene foam material shall be protected from direct sunlight.
The polyethylene foam -lined grout band shall be centered over the joint space with
approximately equal widths extending over each pipe end and securely attached to the
pipe with steel straps. After filling the exterior joint space with cement grout, the flaps
shall be closed and overlapped in a manner that fully encloses the grout with
polyethylene foam. The grout band shall remain in position on the pipe joint.
Joint Lining: After the backfill has been completed to final grade, the interior joint recess
shall be filled with mortar of stiff consistency mixed in proportions of one part cement to
2 parts sand. The mortar shall be tightly packed into the joint recess and troweled flush
with the interior surface, and all excess shall be removed. At no point shall there be an
indentation or projection of the mortar exceeding 1/16 -inch. For pipe smaller than 24
inches in diameter, before the spigot is inserted into the bell, the bell shall be daubed
with mortar containing one part cement to 2 parts sand. The spigot end then shall be
•
0
SP 21 OF 25
forced to the bottom of the bell and excess mortar on the inside of the joint shall be
swabbed out.
306 - 1.2.14.4 Installation of Pipe Appurtenances. Protection of
Appurtenances: Where the joining pipe is concrete or coated with cement mortar,
buried appurtenances shall be coated with a minimum thickness of one -inch of cement
mortar having one part cement to net more than 2 parts plaster sand.
Installation of Valves: All valves shall be handled in a manner to prevent any injury or
damage to any part of the valve. All joints shall be thoroughly cleaned and prepared
prior to installation. The Contractor shall adjust all stem packing and operate each valve
prior to installation to insure proper operation.
All valves shall be installed so that the valve stems are plumb and in the location
indicated.
Installation of Flanged Joints. Before the joint is assembled, the flange faces shall be
thoroughly cleaned of all foreign material with a power wire brush. The gasket shall be
centered and the connecting flanges drawn up watertight without unnecessarily
stressing the flanges. All bolts shall be tightened in a progressive diametrically opposite
sequence and torqued with a suitable, approved and calibrated torque wrench. All
clamping torque shall be applied to the nuts only.
All buried flanges shall be coated and protected with 16 -mils of epoxy.
Insulated Joints: Insulated joints and appurtenant features shall be made by the
Contractor as shown on the Drawings. The Contractor shall exercise special care when
installing these joints to prevent electrical conductivity across the joint. After the
insulated joint is completed, an electrical resistance test will be performed by the City.
Should the resistance test indicate a short circuit, the Contractor shall remove the
insulating units to inspect for damage, replace all damaged portions, and reassemble
the insulating joint. The insulated joint shall then be retested to assure proper
insulation.
Flexible Coupled Joints: When installing flexible couplings, care shall be taken that the
connecting pipe ends, couplings and gaskets are clean and free of all dirt and foreign
matter with special attention being given to the contact surfaces of the pipe, gaskets
and couplings. The couplings shall be assembled and installed in conformity with the
recommendation and instruction of the coupling manufacturer.
Wrenches used in bolting couplings shall be of a type and size recommended by the
coupling manufacturer. Coupling bolts shall be tightened so as to secure a uniform
annular space between the follower rings and the body of the pipe with all bolts
tightened approximately the same amount. Diametrically opposite bolts shall be
tightened progressively and evenly. Final tightening shall be done with a suitable,
approved and calibrated torque wrench set for the torque recommended by the coupling
manufacturer. All clamping torque shall be applied to the nut only.
SP 22 OF 25
Upon completion of the coupled joint, the coupling and bare metal of the pipe shall be
cleaned, primed and epoxy coated (16 mils).
Bonding and Electrical Conductivity: All un- welded pipe joints shall be bonded for
electrical conductivity in accordance with the details indicated.
306 - 1.2.14.5 Corrosion Control. Joint Bonding /Electrolysis Test Stations:
Except where indicated otherwise, all joints shall be bonded in accordance with the
details indicated. The pipe shall be cleaned to bare bright metal at the point where the
bond is installed. In addition, electrolysis test stations shall be installed where shown.
306 -1.3 Backfill and Densification. Water densification of bedding and backfill
shall not be allowed.
The compaction provisions of this section are amended as follows: "All trench backfill
and bedding shall be compacted to 95% relative density."
306 -1.4 Testing Pipelines. Delete Section in its entirety. Replace with the
following: "Hydrostatic testing shall conform to the requirements of the City of Newport
Beach Standard Provisions and Standard Drawings for Public Works construction
Section 306 - 1.4.5."
306 -1.4.5 Water Pressure Test. Add the following. "The test pressure as
measured at the lowest elevation along the pipeline shall be 250 psi, for a minimum of
four (4) hours."
306 -1.4.7 Watermain Disinfection. Watermain disinfection shall conform to
the requirements of Section 306 -1.4.7 of the City of Newport Beach Standard
Provisions and Standard Drawings for Public Works Construction.
SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS
307-4 TRAFFIC SIGNAL CONSTRUCTION
307 -4.9.3 Inductive Loops. Amend this Section to include: 'Traffic signal loop
detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -513 and shall be
Type A or Type E. The new loop detectors shall be installed within the AC pavement
final course.
All installed loop detectors shall be completely functional to the satisfaction of the
Engineer within five consecutive working days of AC pavement final course placement.
All installed loop detectors shall be completely functional to the satisfaction of the
Engineer within five consecutive working days of AC pavement final course placement."
SECTION 310 - -- PAINTING
310 -5 PAINTING VARIOUS SURFACES
0
SP 23 OF 25
310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to
read: "The Contractor shall remove all existing thermoplastic traffic striping and
pavement markings prior to application of slurry seal by a method approved by the
Engineer."
310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to
read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor
shall be responsible for the completeness and accuracy of all layout alignment and
spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment
shown on the plans. The Contractor shall mark or otherwise delineate the new traffic
lanes and pavement markings within 24 hours after the removal or covering of existing
striping or markings. No street shall be without the proper striping over a weekend or
holiday. Stop bars shall not remain unpainted overnight."
310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic
striping and markings shall be applied in one coat, as soon as possible and within 24
hours after the finish course has been applied.
Paint for temporary traffic striping and pavement markings shall be white Formula No.
2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured
by Morton. These temporary paints shall be applied at 15 mils wet.
The final striping shall be sprayable reflectorized thermoplastic. The sprayable
reflectorized thermoplastic pavement striping shall not be applied until the paving has
been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm
minimum thickness for all striping except crosswalks and limit lines — which shall be
0.90 mm minimum thickness.
If the Contractor fails to perform striping as specified herein, the Contractor shall cease
all contract work until the striping has been properly performed. Such termination of
work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and
re- notify the affected residents, at the Contractor's sole expense. In addition, if the
Contractor removes /covers /damages existing striping and /or raised pavement markers
outside of the work area, he shall re- stripe /replace such work items at no cost to the
City.
The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer,
temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is
more than one lane in any one direction, for more than three consecutive calendar
days. Dependent upon construction phasing, the Engineer may require the Contractor
to apply two applications of paint to maintain adequate delineation on base pavement
surfaces, at no additional cost to the City."
SP 24 OF 25
SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL
312 -1 PLACEMENT. Amend this section with:
1. The location of raised pavement fire hydrant marker shall conform to the City of
Newport Beach Standard Plan No. STD - 902 -L.
2. The Contractor shall not replace raised pavement markers until fifteen days
after the application of the pavement or slurry."
7350
SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE,
PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL
400 -2 UNTREATED BASE MATERIALS
400 -2.1 General
400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed
aggregate base as base materials."
PART 6
SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES
600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET
PROCESS
600 -2.1 Asphalt Rubber
600 -2.1.1 General. Add to this section, "Asphalt- rubber shall be Type -B."
600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded
600 -2.6.1 General. Add to this section: "Asphalt concrete surface courses shall
be Asphalt Rubber Hot Mix, ARHM -GG -C, wet process, as specified in Section 600 -2.6
for the Standard Specifications and shall conform to the following:
a. The Contractor shall submit the final mix design to the City for approval prior to
use.
b. The Asphalt concrete shall not be spread when underlying layers of A.C. are
above 150 degrees F.
c. The wet mixing cycle shall be 50 seconds."
0
SP 25 OF 25
600 -2.6.2 Distribution and Spreading. Add to this section: "Asphalt concrete
shall be placed with paving machine equipped with Preco attachment or similar device
for use in obtaining constant cross -slope and maximum joint quality.
Apply SS -1H tack coat at a rate not to exceed one -tenth (1/10) gallon per square yard
uniformly in one coat on all vertical joins of A.C. patching and P.C.C. surfaces and
edges against which ARHM is to be placed.
Asphalt leveling courses shall be placed as necessary over ground area to achieve
uniform ARHM surface."
600 -2.6.3 Rolling. Add to this section, "Asphalt- rubber hot mix gap - graded material
shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the
Contractor shall maintain three large self- propelled, vibrating steel wheel rollers, in
working condition, on site to facilitate the initial breakdown rolling and intermediate rolling.
The third roller will act as stand -by in case of breakdown by one of the other rollers.
Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is
required. For each percentile less than the required 95 percent compaction, the unit price
for Bid Item No. 30, Construct 2 -inch Thick ARHM Pavement, will be reduced by 10
percent. Any areas of roadway that do not have 90 percent relative compaction shall be
removed, reinstalled, and properly compacted at the Contractor's sole expense. No
additional working days will be allowed for this remedial work.
Rolling along a joint shall be such that the widest part of the roller is on the hot side of the
joint. Join lines between successive runs shall be within 6 inches of lane lines or a
minimum of 12 feet outside of the outermost lane line.
All surfaces to be overlaid shall be cleaned by the use of air -blow, water, or by hand
broom. The overlaid surface shall be free of water, dust, or foreign material before tack
coat is applied. All raised pavement markers shall be removed prior to the placement of
any asphalt concrete overlay. Removal of all A.C. slurry seal residue from gutter lip
should be completed prior to paving. Diesel fuel shall not be used for cleaning purposes
within the limits of this project."
F'. \Users \PBW\Shared \Contracts \FY 01 -02 00VER DRIVE ZONE 11 WATER MAIN C -3394 \SPECS C -3394 - Current.doc
•ACORD CERTIFICA
OF LIABILITY
INSU CFA, CSR DS Da12 /3 /0
VIE -D 12/31/01
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
P LIC XPIRA N
DATE MM /DDM'
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CROSBY INS., INC .
8181 E. RAISER BLVD. " `~- ) II: _
�- �°'°'" Cc�b
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
,
INSURERS AFFORDING COVERAGE
ANAHEIM HILLS CA 92808 ...w+"'
Phone:714- 221 -5200 Fax:714 21 10
INSURED 'tl
INSURE A: GENERAL ACCIDENT INS.CO.
URER: STATE COMPENSATION INS.FUND
FIRE DAMAGE (My one nre)
ALBERT W. DAVIES INC. s"
P . O. Box 215 1r- '�pTj�0 GH, C
Rancho Cucamonga CA 91 29
RER: CGU INSURANCE COMPANY
TM+ °SURER D: WESTCHESTER EIRE INS. CO.
PERSONAL B ADV INJURY
$1,000,000
INSURER E'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS.
IN SR
LTR
TYPE OF INSURANCE
POLICY NUMBER
FE TIV
DATE MM /DDNY
P LIC XPIRA N
DATE MM /DDM'
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 41 OCCUR
X BFPD /XCU
CPP1220759 -02
11/01/01
11/01/02
EACH OCCURRENCE
$1,000,000
FIRE DAMAGE (My one nre)
$300,000
NED EXP(Any one person)
$l0, 000
PERSONAL B ADV INJURY
$1,000,000
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY X PRO LOC
ECT
PRODUCTS - COMP /OP AGG
$2,000,000
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED
NON-OWNED AUTOS
BA0320923 -02
ppp���'''��� /n////����
$$$iii
■ E W .
SUPERCEDES
11/01/01
RIOR
11101102
Eaa.,EDSINGLELIMIT
(Ea awitlant)
$1 OOO OOO
� �
X
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(Per accitlenq
$
X
(Pere «ae DAMAGE
$
GARAGE LIABILITY
I" ANY AUTO
J
--C9
I—
AUTO ONLY -EA AGCIDENi
$
OTHER THAN ACC
AUTO ONLY: AGG
$
$
C
EXCESS LIABILITY
X OCCUR OCLAIMSMADE
DEDUCTIBLE
X RETENTION $10,000
CUB0204406 -00
11/01/01
11/01/02
EACH OCCURRENCE
AGGREGATE
$5,000,000
$
$
$
B
WORKERS COMPENSATION AND
EMPLOYERS'LI A8ILITY
6693017 -01
03/31/01
03/31/02
X TORY LIMITS ER
E.L. EACH ACCIDENT
$1,000,000
E L DISEASE - EA EMPLOYEE
$ 1 , 00 0 , 000
E.L. DISEASE - POLICY LIMIT
$1,000,000
D
OTHER
LEASED /RENTED
EQUIPMENT
CF12049198A
11 /01 /01
I
11101102
LIMIT: $150,000
I Special Form
DESCRIPTION OF OPERAnMSfLOCATIONSNENICLEVE XCLUS)ONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Dover Drive Zone III Water Main Replacement and Street Rehabilitation
Contract #3394. City of Newport Beach, its officers, officials, employees
and volunteers are named as Additional Insureds. Worker Comp Waiver of
Subrogation to follow from company. *10 Days Notice of Cancellation for
Non - Payment of Premium. (xx /pr /wcwave /autopr)
CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER; CANCELLATION
NEWPOR9
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL 5019GWM1110 MAIL *30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Newport Beach
P.O. Box 1768
AUT ED REPR
Newport Beach CA 92659 -1768
ACORD 25S (7197) CACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon.
ACORD 25S (7197)
POLICY NUMBER: CPP1220759 -02
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL LIABILITY COVERAGE PART.
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
Blanket as required by written contract.
CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES & VOLUNTEERS.
RE: DOVER DRIVE ZONE III WATER MAIN REPLACEMENT & STREET REHABILIATION
(If no entity appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (SECTION II) is amended to include as an insured the person or organization shown in
the Schedule, but only with respects to liability arising out of "your work" for that insured by or for you.
"It is agreed that such insurance as is afforded by this policy for the benefit of the
additional insured shown shall be primary insurance, and any other insurance
maintained by the additional insured(s) shall be excess and non - contributory
but only as respects any claim, loss or liability arising out of the operations of
claim, loss or liability is determined to be the responsibility of the named insured."
CG 20 10 11 85 COPYRIGHT, INSURANCE SERVICES OFFICES, INC, 1984 Page 1 of 1
01iA7/02 09:39 FAX 7132275210
C
•
G A\ \ GENERAL
ACCIDENT
INSURANCE
This Endorsement Changes The Policy. Please Read It Carefully.
Additional insured Endorsement
This endorsement modifies insurance provided under the following:
Business Automobile Coverage Form
Truckers Coverage Form
Named Insured: Policy Number. BA032D423 -o2
ALBERT W. DAVIES, INC.
Additional Insured: Endorsement effective:
From: 11/01 /01 to 11/01/02
UncSC ath nLm IMicatod sbo%will expire on policy expiration dam
Blanket As Required by Wr;tten Contract
CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS. EMPLOYEES AND VOLUNTEERS.
RE: DOVER DRIVE ZONE Ill WATER MAIN REPLACEMENT S STREET REHABILITATION CONTRACT #3394
The following paragraph paragraph is added to Section II. A.1 Who Is An Insured:
The additional insured, shown in the schedule above, for all sums:
i. that the additional insured must pay because of "bodily injury" or "property
damage" to which this insurance applies; and
ii. resulting from the additional insured's liability for the conduct of any other
"insured "; but only to the extent of that liability.
PRIMARY/NON- CONTRIBUTORY CLAUSE. ITS IS AGREED THAT SUCH INSURANCE AS IS AFFORDED
BY YHIS POLICY FOR THE BENEFIT OF THE ADDITONAL INSURED SHOWN SHALL BE PRIMARY
INSURANCE, AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED(SI SHALL
BE EXCESS AND NON - CONTRIBUTORY, BUT ONLY AS RESPECTS AND CLAIM, LOSS OR LIABILITY
ARISING OUT OF THE OPERATIONS OF CLAIM, LOSS OF LIABILITY IS DETERMINED TO BE THE
RESPONSIBILITY OF THE NAMED INSURED."
A -8060 6.42
2002
T
` S ■ATE P.O. BOX 420807, SAN FRANCISCO CA 94142 -D807 DEC 27 25 `31
COMPENSATION'
INSUF,IAN C..:E
FUN.D CERTIFICATE OF WORKERV,COMPENSAT1ON INSURANCE
DECEMBER 26, 2001 &893617 - "O1
POLICY NUMBER: 3- 31 -02
r CERTIFICATE EXPIRES:
CITY OF NEWPROT BEACH
SHAUNA
P 0 BOX 1768 .
NEWPORT BEACH CA 92658 -89'15 JOB: DOVER DRIVE ZONE III
WATER MAIN REPLACEMENT &
STREET REHABILITATION,.
L CONTRACT #3394
This is to certify that we have issued a valid Workers' Compensation insurance policy In a form approved by the California
Insurance Commissioner to the employer named below for the pc� period indicated. '
This policy is not subject to cancellation by the Fund except uporAgn days' advance written notice to the employer.
30
We will also give youNtN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of, insurance is not an insurance policy and does not amend, extend or,aiter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to' which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies .
described herein is subject to all the terms, exclusions and conditions of such policies.
AUTHORIZED REPRESENTATIVE - - PRESIDENT
EMPLOYER'S LIABILITY L.IMIT.INCLUDING DEFENSE COSTS: 81,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS" NOTICE EFFECTIVE
03/31/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE
12/26/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
THIRD PARTY NAME: CITY OF NEWPORT BEACH
ALBERT W - DAVIES I'NC:
P 0 BOX 215
RANCHO CUCAMONGA CA ;91729
I
3EC -27 -2001 THU 04;58 PM
FAX N0.
CERTIFICATE OF INSURANCE
CHECKLIST
CITY OF NEWPORT BEACH
u
THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT
BEACH.
DATE RECEIVED: Iz L;ILPJ DEPARTMENT/COJN�T�ACT RECEIVED FROM:,
DATE COMPLETED: 1�1 7��� _. SENT TO: dil/J/1! BY: /uW
COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: �/% •�
D.
GENERAL LIABILITY
P. 07
A. INSURANCE COMPANY:
B. AM BEST RATING (A VII or greater): ;
C. ADMITTED COMPANY: ( Must be California Admitted) Is any dmid in Califorma? Yes No_
D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? 100,0" 000
E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes_ No
F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and
volunteers). Is it included? Yes ✓ No
G. PRIMARY AND NOW CONTRIBUTORY W ORDING: (Must be included) Is it included? Yes t ✓No-
H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.)
Does endorsement include "solely by negligence" wording? Yes ✓ No_
1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by
certified mail; per Lauren Farley the City will accept the endeavor wording.
AUTOMOBILE LIABILITY: � 06/
A. INSURANCE COMPANY:
B. AM BEST RATING (A VII or greater):;
C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED)1
D. LIMITS: ( Must be S1,D0G,000 minimum BI & PD and $500,000 UM)
E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and
volunteers). Is it included? Yes ✓No
F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes _ ✓No_
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by
certified mail; per Lauren Farley the City will accept the endeavor wording.
III. WORKERS COMPENSATION:
A. INSURANCE COMPANY: Ab
B. AM BEST RATING (A VII or greater)
C. LIMITS: Statutory
D. WAVIER OF SUBROGATION: (To include).
Is it included? Yes ✓ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No P-' IF NO, WHICH ITEMS NEED TO BE COMPLETED? M ADDI7IDAMAL 1A5U90
tNl�RBEM N1 0 Ch S1f01![D E RbE40 -E—V 7D MAW T" 4jOgVS
uSOF AV 1W A10911"AIPA ' -M Al IOLOAd 49u7Y1 JIVAJ A/�E
70 FouoN1 -Up 60 W^ ORII /M 0 SU DCr>j7-1I/U R9 kVgR eomp m/Cy.
Company Profile • • Page 1 of 2
AM
Departffmmft of
CaHtarnt
Company Profile Insurance
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND
1400 AMERICAN LANE, 19TH FLOOR TOWER 1
SCHUAMBURG, IL 60196 -1056
800 - 382 -2150
Agent for Service of Process
ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA,
CA 9110 1 -0000
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 39306
NAIC Group #: 021-1
California Company ID #: 2479 -4
Date authorized in California: January 01, 1982
License Status: UNLIMITED- NORMAL
Company Type: Property & Casualty
State of Domicile: MARYLAND
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
CREDIT
FIRE
LIABILITY
MARINE
MISCELLANEOUS
http: / /www4. insurance. ca. gov /wu/idb_co_prof_utl.get_co_ prof ?p_EID =6217 01/07/2002
• • 0,0
C _,33 5y
December 11, 2001
CITY COUNCIL AGENDA
ITEM NO. 15
TO: Mayor and Members of the City Council
FROM: Public Works Department APPROVED
SUBJECT: DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY -
AWARD OF CONTRACT NO. 3394
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Award Contract No. 3394 to Albert W. Davies for the Total Bid Price of $770,931,
and authorize the Mayor and the City Clerk to execute the contract.
3. Establish an amount of $50,000 to cover the cost of unforeseen work.
DISCUSSION:
At 2:00 P.M on November 29, 2001, the City Clerk opened and read the following bids
for this project:
BIDDER
Low Albert W. Davies, Inc.
2 W.A. Rasic Construction Company
3 GCI Construction, Inc.
4 Vido Artukovich & Son
5 Peter C. David Company
6 Colich & Sons
7 Majich Bros., Inc.
8 Savala Construction Company
TOTAL BID AMOUNT
770,931.00 *
844,910.80
854,362.00 *
828,690.00 *
886,845.00 *
899,999.50
999,225.00
1,025,740.60 *
* Corrected Bid Amount
The low total bid amount is 5 percent below the Engineer's Estimate of $810,000. The
low bidder, Albert W. Davies of Rancho. Cucamonga, California, has a General "A"
contractor's license as required by the project specifications. Albert W. Davies has
satisfactorily completed similar projects for other public agencies, including the City of
San Diego and the Orange County Sanitation District.
•
Subject: Dover Drive Zone II Water Main Replacement — Award of Contract No. 3394
December 11, 2001
Page: 2
PROJECT DESCRIPTION
The City's Water Master Plan recommends the replacement of aging transmission
mains. The October 2000 break in the 30 -inch gunite steel transmission main on Dover
Drive between Cliff Drive and West Coast Highway provided an opportunity to inspect
the condition of the line. A failed seam weld caused the break. The main was installed
in 1928 and Staff believes this type of failure may occur again if the main is not
replaced. About 200 feet south of the October break, a 6 -inch blow off line connected to
the 24 -inch mortar lined cement coated steel pipe failed in January 2001, again closing
Dover Drive. During this repair, the 24 -inch line was identified as in need of
replacement due to corrosion in locations where the coating had deteriorated. The 24-
inch line was installed in the late 1950's.
In addition to the water transmission main replacements, the rehabilitation of Dover Drive
between Cliff Drive and West Coast Highway is a budgeted Capital Improvement Project
and will be constructed as part of this contract. The recently completed pavement report
identifies the need for a pavement overlay and reconstruction at the approach to Coast
Highway.
The project schedule calls for completion in 175 working days (or, completion by the
end of August 2002). The actual construction should take less than three months.
However, there is a 16 to 20 -week delivery time for the steel pipe
There are sufficient funds available in the following account for the work:
Account Number Account Description
7501- C5500386 Water Transmission Main Replacement
7181- C5100581 Gas Tax — Dover Drive Rehabilitation
Respectfully submitted,
.PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
By: //
Ich el J. S' acori., P.E.
tilitie gineer
Attachment: Project Location Map
Bid Summary
Amount
$670,931.00
$150,000.00
Total: $820,931.00
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164 DOVER DRIVE
PRESSURE REDUCING
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DRAWN. ACASTAWN DATE, JANUARY 9.200'
EXHIBIT A
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 8, 2002
W.A. Rasic Construction Company, Inc.
11126 Wright Road
Lynwood, CA 90262
Gentlemen:
Thank you for your courtesy in submitting a bid for the Dover Drive Zone II Water Main
Replacement and Street Rehabilitation from Cliff Drive to West Coast Highway
(Contract No. 3394) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
• •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 8, 2002
GCI Construction, Inc.
245 Fischer Avenue, Suite B -3
Costa Mesa, CA 92626
Gentlemen:
Thank you for your courtesy in submitting a bid for the Dover Drive Zone II Water Main
Replacement and Street Rehabilitation from Cliff Drive to West Coast Highway
(Contract No. 3394) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 8, 2002
Vido Artukovich & Son Inc/Vidmar Inc a JV
11155 Rush Street
South El Monte, CA 91733
Gentlemen:
Thank you for your courtesy in submitting a bid for the Dover Drive Zone II Water Main
Replacement and Street Rehabilitation from Cliff Drive to West Coast Highway
(Contract No. 3394) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 8, 2002
Peter C. David Co., Inc.
1138 Chestnut Avenue
Santa Ana, CA 92701
Gentlemen:
Thank you for your courtesy in submitting a bid for the Dover Drive Zone II Water Main
Replacement and Street Rehabilitation from Cliff Drive to West Coast Highway
(Contract No. 3394) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
6701 cca,- _, In, / -V4rl7l"
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 8, 2002
Colich & Sons
547 W. 140th Street
Gardena, CA 90248
Gentlemen:
Thank you for your courtesy in submitting a bid for the Dover Drive Zone II Water Main
Replacement and Street Rehabilitation from Cliff Drive to West Coast Highway
(Contract No. 3394) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely, r
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 8, 2002
Majich Bros., Inc.
P.O. Box 337
Altadena, CA 91003 -0337
Gentlemen:
Thank you for your courtesy in submitting a bid for the Dover Drive Zone II Water Main
Replacement and Street Rehabilitation from Cliff Drive to West Coast Highway
(Contract No. 3394) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
• •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 8, 2002
Savala Construction Co., Inc.
16402 E. Construction Circle
Irvine, CA 92606
Gentlemen:
Thank you for your courtesy in submitting a bid for the Dover Drive Zone II Water Main
Replacement and Street Rehabilitation from Cliff Drive to West Coast Highway
(Contract No. 3394) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
PROFESSIONAL SERVICES AGREEMENT
FOR DOVER DRIVE 36 -INCH ZONE II WATER MAIN
REPLACEMENT AND DOVER DRIVE STREET REHABILITATION
FROM CLIFF DRIVE TO WEST COAST HIGHWAY
THIS AGREEMENT, entered into this day of / 2001, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and AKM Consulting Engineers, whose address is 101 Pacifica, Suite 150,
Irvine, California, 92618, (hereinafter referred to as "Consultant'), is made with reference
to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning for the replacement of the Zone II 30 -inch and 24 -inch water
mains and for the pavement rehabilitation on Dover Drive between Cliff
Drive and West Pacific Coast Highway ('Project').
C. City desires to engage Consultant to provide professional engineering
services for the Dover Drive 36 -Inch Zone Water Main Replacement and
the Dover Drive Street Rehabilitation from Cliff Drive to West Coast
Highway upon the terms and conditions contained in this Agreement.
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D. The principal members of Consultant are for purpose of Project are
Mr. Zeki Kayiran and Mr. John Loague.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the\� 1A day of FEi,. , 2001, and
shall terminate on the 3\' day of 2001, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibits "B" and "C" attached hereto
and incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of sixty four thousand two hundred seventy eight and 00/100 Dollars ($64,278).
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3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibits "B" and Exhibit "C ".
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
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4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
4.3 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor'), construction means, methods, techniques, sequences or procedures, or for
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any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents to be the agents or
employees of City. Consultant shall have the responsibility for and control over the details
in means of performing the work provided that Consultant is in compliance with the terms
of this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
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7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated John Loague to be the Project
Manager. Consultant shall not bill any personnel to Project other than those personnel
identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously fumish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement.
The failure by Consultant to strictly adhere to the schedule provided in the proposal may
result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant
shall not be responsible for delays, which are due to causes beyond Consultant's
reasonable control. However, in the case of any such delay in the services to be provided
for Project, each party hereby agrees to provide notice to the other party so that all delays
can be addressed.
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9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
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indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State of
California and assigned Best's A- VII or better rating:
A. Workers compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
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apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which covers the services to
be performed in connection with this Agreement in the minimum amount of
One Million Dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in -the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
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any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
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Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael J.
Sinacori, P.E., shall be considered the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator or his /her authorized
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representative shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
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resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation
of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
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25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach, Attention Michael J. Sinacori
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: John Loague
AKM Consulting Engineers
101 Pacifica, Suite 100
Irvine, California 92618
(949) 753 -7333
Fax (949) 753 -7320.
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
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specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
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30. OPINION OF COST
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Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification
or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of
accuracy or readability of CADD data due to inappropriate storage conditions or duration;
or (c) any use by City, or anyone authorized by City, of CADD data for additions to this
Project, for the completion of this Project by others, or for any other project, excepting
only such use as is authorized, in writing, by Consultant. By acceptance of CADD data,
City agrees to indemnify Consultant for damages and liability resulting from the
modification or misuse of such CADD data.
All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file
format. All written documents shall be transmitted to the City in Microsoft Word 97 and
Microsoft Excel 97 and be consistent with Microsoft Office 97.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By: va
City Attomey
AT
By
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Mayor
City of Newport Beach
AKM CONSULTING ENGINEERS
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SECTION F -
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Scope of Work
WATERLINE DESIGN
Kick -Off Meeting
AKM will schedule a kick -off meeting with the City o
meeting will be to introduce the project team, review
and review potential alignments for the pipeline.
topography from our work on the City's groundwater
This information will be used to develop potential
discussion. An important goal of the meeting will
alignment for development of the 50 percent submittal
Exhibit A
f Newport Beach. The purpose of the
key project issues, collect information
AKM retains utility information and
development Project Reach 4 Phase II.
alignments prior to the meeting for
be to obtain concurrence on a pipeline
AKM will prepare and distribute minutes to document the disclosing of the meeting.
2. Project Meeting
The AKM team will meet with the city staff after the 50 percent and 100 percent submittals to
review comments and discuss project issues. AKM will prepare an agenda and update the
project schedule prior to each meeting. AKM will prepare minutes of the meeting events and
distribute them to all attendees.
Research
AKM will research and obtain record data from the City, utility companies and any other
agency with existing or proposed facilities or jurisdiction in the project area. We will
coordinate with those agencies to verity the horizontal and vertical locations of existing and
proposed parallel and intersecting facilities. Field reviews will be conducted to verify record
data. Discrepancies with the record drawings will be identified and coordinated. If the
location of a facility cannot be accurately determined, a request will be made to the agency
to mark it in the field.
4. Geotechnical Investigation
A geotechnical investigation will be conducted as necessary by the City of Newport Beach.
5. Field Surveys
AKM will authorize field surveys for the purpose of creating a base map for the work. The
survey will include 1 -foot interval contours and spot elevations, as well as street culture. The
work will be conducted by Huitt- Zollars under the direction of Mr. Jim Garvin.
6. Corrosion Study
AKM will request a soil sample from the project area from the City and will have that sample
analyzed for corrositivity. AKM will formulate recommendations and present them to the City.
CITY OF NEWPORT BEACH F -1
Dover Or. 36^ Zone II Water Main Replacement
& Dover Dr. Street Rehabilitation -
CIIH Drive to West Coast Hwy
AKM Proposal No. 01 -7249
Scope of Work
7. Project Design
Based on our investigation and research, AKM will prepare construction drawings and contract
specifications in the City s format. They will include the City's Standard specifications, contract
documents, detailed construction plans, technical specifications, and an itemized cost
estimate of the proposed work. The construction drawings will include:
• Title sheet, location drawing map, vicinity map, and signature blocks applicable to the
project (1 drawing):
General notes sheets with appropriate general excavation, shoring and miscellaneous
notes and symbols and abbreviations (1 drawing);
Plan and profile drawings (20- scale) for the installation of the water main, temporary
water (if required), hydrants, valves, appurtenances and utility lines, and related details
(5 drawings);
Applicable steel pipe, corrosion, trench, pipe appurtenances, and connection details (3
drawings);
Total Drawings: 10 Drawings
Plan and profile drawings will be prepared at 1 " -20' horizontal scale and 1 " =4' vertical scale.
All sheets shall be prepared under the direction of a California Registered Civil Engineer.
Each sheet shall include but not be limited to the following plan information: plan scale;
centerline pipe stationing at beginning or end of curves and at appurtenance locations;
bearing and distance on pipeline tangent; street centerlines; horizontal curve tables;
coordinates for all horizontal angle points; typical street cross sections; concrete curb and
gutter alignment on both sides of road; right -of -way lines and easement boundaries; detail
references; utility locations; north arrow and construction notes. All information on the plans
relating to existing street and other improvements shall be field verified by AKM to ensure
accuracy.
Pipeline profile information shall include, but not be limited to, the following information:
pipeline slopes and inverts; centerline stationing of grade breaks; pipeline diameter and
materials; grade over centerline of pipe; and appurtenance locations.
Details will be developed for all connections, corrosion protection and monitoring, and pipe
appurtenances. Where possible, the City standards will be utilized. Not included in our
proposal are vaults or other structures which may be desired for the installation of valves or
other pipeline related elements.
Specifications delineating project defined issues and technical requirements will be
prepared. The special provisions will describe special design and coordination features of
the project as well as provide requirements for materials, equipment, installation and
workmanship. A bid schedule will also be prepared, which will be broken out into sufficiently
CITY OF NEWPORT BEACH F -2
Dover Dr. 36" Zone 11 Water Main Replacement
& Dover Dr. Street Rehabilitation -
CIM Drive to West Coast Hwy
AKM Proposal No. 01 -2249
Scope of Work
•
detailed tasks to assist in evaluating the bids. City furnished contract, insurance and
standard specification documents will be included to complete the specification package.
Detailed construction cost estimates will be developed for each plan submittal to the City.
The estimates will incorporate price quotes from vendors, and will reflect the most recent
trends in construction pricing.
8. Traffic Control Plans
Subsequent to acceptance of the 50 percent pipeline drawings by the City, traffic control
plans will be prepared. The drawings will include project phasing as dictated by the City of
Newport Beach. The work will be conducted by Traffic Control Engineering, Inc. under the
direction of Mr. David Kuan. It is anticipated that Caltrans approval will be required for the
traffic control work. It is our understanding that processing of plans through Caltrans and
obtaining a Caltrans permit will be completed by the City.
9. Deliverables
We will prepare contract documents including bid proposals, specifications, special
provisions and final engineer's construction cost estimate in the latest version of MS Word.
All drawings will be provided in AutoCADD Release 2000 format upon completion of the
project.
We will also provide the City complete ink on mylar plans, on the City's approved standard
size sheets, with the City's standard title block format.
During the Design Phase, AKM will submit to the City, the following for review, comment,
approval and use:
Submittal Data
50% Plans, Specifications, Cost Estimate
100% Plans, Specifications, Cost Estimate
Final Original mylars (full size), specifications and cost estimate.
AKM principals will perform routine and final review of documents prior to signing to ensure
accuracy, conformance and integrity of all plans and specifications.
10. Construction Phase Services
AKM will be available to respond to questions during the bid and will prepare and
distribute addend, which may be required for the project. AKM will also respond to
construction issues as they are encountered. This includes field meetings, as
necessary. AKM will also review and process shop drawings submitted by the
contractor for the work.
CITY OF NEWPORT BEACH F -3
Dover Dr. 36" Zone It Water Main Replacement
& Dover Dr. Street Rehabilitation -
Cliff Drive to West Coast Hwy
AKM Proposal No. 01 -2249
Scope of Work
11. Record Drawings
AKM will prepare as -built drawings for the project based upon the City's redline construction
notes. The corrections will be made by hand on the project's mylar drawings and
electronically in AutoCADD Release 2000. Both, the hand modified mylars and electronic files
of the as -built drawings, will be submitted to the City.
12. Potholing
The City of Newport Beach will provide potholing as necessary for the project.
PAVEMENT REHABILITATION
100 Field Review
The Project Team will review the project in the field and take photographs of the potential
problem areas or items that need special attention. Particular emphasis will be given to
identifying areas where the median, sidewalk and curb and gutter is damaged and in need of
repair. All proposed reconstruction will be marked in the field for the City to review and
approve.
200 Utility Coordination
Information will be collected from all of the utility companies. Coordination with the utilities will
continue throughout the design of the project. A copy of the utility file will be provided to the
City.
300 Survey
The AKM Project Team will provide the necessary ground survey information required to
design the project including aerial topography, ground survey, and cross- section data. Cross -
sections will be taken at 50 -foot intervals for the length of the project from curb -to -curb.
Additionally, all key utility features located within the roadway will be surveyed, including those
appurtenances required for the reclaimed waterline design.
400 Street Improvement Plans
Street improvement plans will be prepared at 20 -scale using the topographic survey data and
record utility information for the base sheets. Appropriate joins will be provided at Cliff Drive
and Pacific Coast Highway. City staff has indicated that they will obtain the pertinent Caltrans
encroachment permits and approvals.
CITY OF NEWPORT BEACH F -4
Dover Dr. 36" Zone 11 Water Main Replacement
8 Dover Dr. Street Rehabilitation -
Cliff Drive to West Coast Hwy
AKM Proposal No. 01 -4249
L-1
Scope of Work
•
Throughout the design of the proposed improvements, a key issue will be to--develop
reasonable solutions, and only reconstruct those elements that are damaged. One of the
tools that AKM uses to evaluate impacts, in addition to the survey data, is photographs. The
Project Team begins the project by taking multiple pictures of each impacted area, writing a
description for each picture and then filing them into a small photo album. This album serves
as a constant reference and is invaluable when discussing specific issues at status meetings.
The exact limits of pavement and curb and gutter reconstruction will be determined based on
the survey data and visual field inspection. In all areas, the roadway profile and cross - section
will be checked to verify that drainage issues are addressed and that all existing catch basins
(especially at sumps) are functioning.
Based on the proposed pavement rehabilitation strategy for each reach of roadway, cross -
sections will be plotted at 15 -meter intervals. The proposed roadway cross -fall will be
evaluated to ensure that they are within an acceptable range.
More specifically, the following key issues will have to be addressed during the design on a
case -by -case basis. Although they will have to be evaluated in much more detail, we have
given a preliminary look at possible solutions to some of the design issues that will be
encountered.
Roadway Cross -Fall/ Drainage
Based on the proposed pavement rehabilitation strategy for each reach of roadway in
conjunction with the cross - section data, the proposed roadway cross -fall will be evaluated to
provide for cross -falls that are within an acceptable range. Given the existing vertical
constraints imposed by the outside curb and gutter, and in some instances the median curb
and gutter, there are not many options available for pavement rehabilitation strategies.
Cold- planing will be required in many areas to ensure a good join at the existing curb and
gutter. Hinge joints where required, will have to be carefully chosen to provide acceptable
driveability and to prevent excessive cross -fall in the curb lanes.
Damaged Curb, Gutter and Cross -Gutter
Based on field reviews, reaches of damaged sidewalk, median, and curb and gutter will be
identified and rehabilitation recommendations provided to the City. The areas where
reconstruction is required will be clearly identified on the plans. During our field review, if
settlement is noted (as currently appears to be the case on the west side of the street
adjacent to the existing catch basin where ponded water was observed), we send the survey
crews out a second time to provide detailed elevations at shorter intervals so that we isolate
the reaches where the curb and gutter has settled and only reconstruct where necessary.
CITY OF NEWPORT BEACH F -5
Dover Dr. 36^ Zone 11 Water Main Replacement
& Dover Dr. Street Rehabilitation -
Cliff Drive to West Coast Hwy
AKM Proposal No. 01 -2249
AM
• •
Scope of Work
500 Contract Documents
Preliminary plans and cost estimates will be prepared and submitted to the City for review.
Based on feedback from the review and continual input from City staff, detailed construction
plans will be prepared. The anticipated number of sheets for the project is as follows:
Type of Plan Number of Sheets
Title 1
Typical Sections/Details t
Street Plan and Profile (20- Scale) 3
Cross Sections 2
Total 7
Preliminary cost estimates will be prepared for the proposed improvements and included with
the first plan check submittal. Final construction cost estimates will be prepared based on the
final improvement plans.
Standard specifications will be prepared for the project based on the Standard Specifications
for Public Works Construction for roadway construction and based on Caltrans specifications
for traffic issues.
600 Meetings
Regularly scheduled meetings are a key to keeping projects on schedule, avoiding pitfalls, and
keeping the lines of communication open with the City so that surprises do not occur during
the final stages of the project. We have assumed two (2) meetings for this project.
700 Proiect Management / QA/QC
The Project Management task is directed at the organization, planning and control of the
Project Team. Activities include scheduling and monitoring of the project team, cost control
and an active quality control program.
In undertaking its assignments, AKM employs an "Integrated Project Management' approach
to deliver successful projects. The goal of the Integrated Project Management is to provide a
technically superior product on schedule and within budget. Integrated Project Management
commences with project identification, establishes a work program, and executes the project.
In this approach, the project management and internal quality control are very important
elements.
During project identification, the intent and purpose of the project are determined with
extensive interaction with the client. Thereupon, a work plan is established and a resource
loaded work breakdown structure and schedule are prepared. The schedule and work
breakdown structure are integrated with the special needs of the project and the client.
CITY OF NEWPORT BEACH F -6
Dover Dr. 36^ Zone 11 Water Main Replacement
& Dover Dr. Street Rehabilitation -
Cliff Drive to West Coast Hwy
AKM Proposal No. 01 -2249
•
Scope of Work
•
The project is executed by the technical staff. Quality Control function is carried out to- provide
independent checking of the project and address constructability and biddability issues.
The project is regularly reviewed by the Project Manager who monitors progress against the
established work breakdown structure and schedule. Any technical difficulties, schedule slips
or previously unforeseen conditions are immediately recognized, quantified and addressed.
The status is reported to the client in regular project status reports. As a result, interactive,
responsive and proactive project management is utilized.
800 As -Build Plans
AKM will prepare as -built drawings for the project based upon the City's redline construction
notes. The corrections will be made by hand on the project's mylar drawings and
electronically in AutoCADD Release 2000. Both, the hand modified mylars and electronic files
of the as -built drawings, will be submitted to the City.
CITY OF NEWPORT BEACH F -7
Dover Dr. 36" Zone R Water Main Replacement
$ Dover Dr. Street Rehabilitation -
CliH Drive to West Coast Hwy
AKM Proposal No. 01 -2249
a M
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FEE ESTIMATE
CITYOF NEWPORT BEACH
Dover Drive 36 -Inch Zone II Water Main Replacement
January 29, 2001
Exhibit C
Task(Descri tion -- '=
Project
Manager,
Senior
Engineer
Associate
Engineer
.Drafting
Office
Support
Sub
Consultant
Total
1 Kick -Off Meeting
4
8
12
20
$3,380
2 Project Meetings
6
6
_
4
$1,438
3 Research
8
16
$2,064
4 Geotechnical Investigation
2
2
$7,500
$7,926
5 Field Surveys
2
4
4
__ J..
1001
161
$942
6 Project Design
8
24
40
$13,004
7 Traffic Control
8 Deliverables
21
21
2
21
I
41
41
$6,600
$7,026
$822
9 Construction Phase Services
8�
16
24'
16
1
j
$4,384
— $1,776
$42,762
10 Record Drawings
Subtotal Tasks 1 -10
_ 2
8
1
11 Potholin (Optional)
2
2-I—
2
y—
$10,000
—
$10,584
Total Hours
36
68; 981
1641 241.
Rate
$113
$100, $79: $591 $40;
Labor Cost
$4,068
$6,8001 $7,742' $9,6761 $960;
$29,246
Total Subconsultants
$24,100
$24,100
Expenses
$2,000
Total Cost
I I
1
$55,346
Included in Road Design Cost Spreadsheet
�s Aria Air,
AKM Proposal No. 01 -2249
• (SY)
C 3Y -H
February 13, 2001
CITY COUNCIL AGENDA
ITEM NO. 9
TO: Mayor and Members of the City Council . Cu
FROM: Public Works Department
APPROVED
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF THE DOVER
DRIVE 36 -INCH ZONE II WATER MAIN REPLACEMENT AND STREET
REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY -
CONTRACT NO. 3394
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a Professional Services Agreement with AKM
Consulting Engineers (AKM) for $64,278, to prepare plans and specifications for the construction
of 1,500 feet of 36 -inch and 24 -inch water transmission main in Dover Drive and the street
rehabilitation from Cliff Drive to West Coast Highway.
DISCUSSION:
The City's Water Master Plan recommends the replacement of aging transmission mains. The
October 25, 2000 break in the 30 -inch gunited steel transmission main on Dover Drive between
Cliff Drive and West Coast Highway provided an opportunity to inspect the condition of the line.
A failed seam weld caused the break. The main was installed in 1928 and it is probable that
this type of failure may occur again if the main is not replaced. About 200 feet south of the
October break, a 6 -inch blow -off line connected to the 24 -inch mortar lined cement coated steel
pipe failed in January, again closing Dover Drive. During this repair, the 24 -inch line was
identified in need of replacement due to corrosion in locations where the coating has
deteriorated. The 24 -inch was installed in the late 1950's.
In addition to the water transmission main replacements, the rehabilitation of Dover Drive between
Cliff Drive and West Coast Highway is a budgeted Capital Improvement project and will be
constructed as part of this contract. The recently completed pavement report identifies the need
for a pavement overlay and reconstruction at the approach to Coast Highway.
SCOPE OF SERVICES:
AKM will prepare the project plans and specifications for the installation of new 36 -inch and 24-
inch water transmission main and for the street rehabilitation of Dover Drive. They will evaluate
several pipeline alignments to consider traffic impacts during construction and future operation
and maintenance needs. Final design services will include preparation of construction drawings
detailing all connections, pipeline appurtenances, traffic control plans, preparation of detailed
written special provisions, bid documents, quantity estimates, and an overall cost estimate.
The project schedule is aggressive, calling for completion of the plans and specifications within
two months. The schedule was chosen to allow for the replacement of the aged water main
and so that construction takes place this summer which will minimize the traffic impacts on the
school traffic.
Attached for Council consideration is the draft professional services agreement, which includes
a detailed scope of work for the project.
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF THE DOVER DIRE 36 -INCH ZONE It WATER MAIN
REPLACEMENT AND STREET REHABILITATION FROM CLIFF DRIVE TO WEST COAST HIGHWAY - CONTRACT
NO. 3394
February 13, 2001
Page 2
SELECTION PROCESS:
Staff implemented a "qualifications -based selection" process for the necessary professional
design services. Based on the statements of qualifications on file from the consulting firms,
staff requested proposals from three firms with reputations for providing the services required to
complete such a design effort. A written "Request For Proposals" did this.
A selection committee comprised of the Utilities Manager, Utilities Engineer, and the City
Engineer reviewed the written proposals. AKM was invited to an oral interview. The criteria
used to evaluate the qualifications of the five engineering firms were:
1. Related Project Experience
2. Project Staff Assigned
3. Grasp of the Project Requirements
4. Approach to Project Management
5. Proposed Project Schedule
6. Interview
The selection committee chose AKM Consulting Engineers as the most qualified firm to perform
the required professional services based on the above listed criteria and their demonstrated
abilities on similar projects in the past. AKM Consulting Engineers have a team of technical
professionals with extensive experience in designing pipeline projects in Southern California.
The selection committee believes the consultant's team will provide a high - quality, cost -
effective, and timely project design. A fee of $64,278 has been negotiated with AKM
Consulting Engineers to perform the required services.
RECOMMENDATION AND FUNDING
The current Capital Project Account No. 7501- C5500386 for the Master Plan Water
Tranmsision Mains has sufficient funds to cover the design and construction expenses for the
transmission main design of $43,284. Gas Tax Account No. 7181- C5100581 from Gas Tax
Fund will be utilized to complete the $20,994 street design.
Staff recommends approval of the professional services agreement to prepare the preliminary
design study, plans, and specifications for the project.
Res ctfully submitted
PUBL WORKS DEPARTMENT
Don Webb, Director
By: ljww"�
hael J. Sinacori, P.E.
Utilities Engineer
Attachments: Exhibit "A" Project Location Map
Draft Professional Service Agreement
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' CUFF DRIVE��
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—��— WEST COAST
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16' DOVER DRIVE
PRESSURE REDUCING
STATION
PROPOSED 30 -INCH
TRANSMISSION MAIN
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i TRACT 1125
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---- `-- - -z^'- --rte =�
�I I I I I I� Z C IIOII -,I I I tJ W
_---- - - - - -- CRESTVIEW DRIVE -
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DOVER DRIVE 30 -INCH
WATER TRANSMISSION MAIN
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ORAVN. ACASTANON DATE- JANUARY 120a
EXHIBIT A
0 0
DRAFT
PROFESSIONAL SERVICES AGREEMENT WITH
AKM CONSULTING ENGINEERS FOR DOVER DRIVE 36 -INCH
ZONE II WATER MAIN REPLACEMENT AND DOVER DRIVE
STREET REHABILITATION FROM CLIFF DRIVE TO
WEST COAST HIGHWAY
THIS AGREEMENT, entered into this day of
2001, by and
between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and AKM Consulting Engineers, whose address is 101 Pacifica, Suite 150,
Irvine, California, 92618, (hereinafter referred to as "Consultant "), is made with reference
to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to cant' on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning for the replacement of the Zone II 30 -inch and 24 -inch water
mains and for the pavement rehabilitation on Dover Drive between Cliff
Drive and West Pacific Coast Highway ( "Project').
C. City desires to engage Consultant to provide professional engineering
services for the Dover Drive 36 -Inch Zone Water Main Replacement and
the Dover Drive Street Rehabilitation from Cliff Drive to West Coast
Highway upon the terms and conditions contained in this Agreement.
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D. The principal members of Consultant are for purpose of Project are
Mr. Zeki Kayiran and Mr. John Loague.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms and conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the _ day of , 2001, and
shall terminate on the _ day of , 2001, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibits "B" and "C" attached hereto
and incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of sixty four thousand two hundred seventy eight and 00/100 Dollars ($64,278).
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3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibits "B" and Exhibit "C ".
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
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4. STANDARD OF CARE
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4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
4.3 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor"), construction means, methods, techniques, sequences or procedures, or for
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any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents to be the agents or
employees of City. Consultant shall have the responsibility for and control over the details
in means of performing the work provided that Consultant is in compliance with the terms
of this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
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7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated John Loague to be the Project
Manager. Consultant shall not bill any personnel to Project other than those personnel
identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement.
The failure by Consultant to strictly adhere to the schedule provided in the proposal may
result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant
shall not be responsible for delays, which are due to causes beyond Consultant's
reasonable control. However, in the case of any such delay in the services to be provided
for Project, each party hereby agrees to provide notice to the other party so that all delays
can be addressed.
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9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
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indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State of
California and assigned Best's A- VII or better rating:
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
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apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which covers the services to
be performed in connection with this Agreement in the minimum amount of
One Million Dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
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any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership orjoint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
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Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael J.
Sinacori, P.E., shall be considered the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator or his /her authorized
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representative shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
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resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation
of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
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0
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach, Attention Michael J. Sinacori
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: John Loague
AKM Consulting Engineers
101 Pacifica, Suite 100
Irvine, California 92618
(949) 753 -7333
Fax (949) 753 -7320.
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
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specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
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• •
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification
or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of
accuracy or readability of CADD data due to inappropriate storage conditions or duration;
or (c) any use by City, or anyone authorized by City, of CADD data for additions to this
Project, for the completion of this Project by others, or for any other project, excepting
only such use as is authorized, in writing, by Consultant. By acceptance of CADD data,
City agrees to indemnify Consultant for damages and liability resulting from the
modification or misuse of such CADD data.
All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file
format. All written documents shall be transmitted to the City in Microsoft Word 97 and
Microsoft Excel 97 and be consistent with Microsoft Office 97.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
City Attorney
ATTEST:
By:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Bv:
Mayor
City of Newport Beach
AKM CONSULTING ENGINEERS
f: \users\pbMshared\agreements\fy oo- 01\akm -lover drive zone ii water main.doc
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SECTION F -
0
Scope of Work
WATERLINE DESIGN
Kick -Off Meeting
0
Exhibit A
AKM will schedule a kick -off meeting with the City of Newport Beach. The purpose cf the
meeting will be to introduce the project team, review key project issues, collect information
and review potential alignments for the pipeline. AKM retains utility information and
topography from our work on the City's groundwater development Project Reach 4 Phase II.
This information will be used to develop potential alignments prior to the meeting for
discussion. An important goal of the meeting will be to obtain concurrence on a pipeline
alignment for development of the 50 percent submittal.
AKM will prepare and distribute minutes to document the disclosing of the meeting.
2. Protect Meeting
The AKM team will meet with the city staff after the 50 percent and 100 percent submittals to
review comments and discuss project issues. AKM will prepare an agenda and update the
project schedule prior to each meeting. AKM will prepare minutes of the meeting events and
distribute them to all attendees.
3. Research
AKM will research and obtain record data from the City, utility companies and any other
agency with existing or proposed facilities or jurisdiction in the project area. We will
coordinate with those agencies to verify the horizontal and vertical locations of existing and
proposed parallel and intersecting facilities. Field reviews will be conducted to verify record
data. Discrepancies with the record drawings will be identified and coordinated. If the
location of a facility cannot be accurately determined, a request will be made to the agency
to mark it in the field.
4. Geotechnical Investigation
A geotechnical investigation will be conducted as necessary by the City of Newport Beach.
5. Field Surveys
AKM will authorize field surveys for the purpose of creating a base map for the work. The
survey will include 1 -foot interval contours and spot elevations, as well as street culture. The
work will be conducted by Huitt- Zollars under the direction of Mr. Jim Garvin.
6. Corrosion Stud
AKM will request a soil sample from the project area from the City and will have that sample
analyzed for corrositivity. AKM will formulate recommendations and present them to the City.
CITY OF NEWPORT BEACH F -1
Dover Dr. 36" Zone II Water Main Replacement
8 Dover Dr. Street Rehabilitation -
CliH Drive to West Coast Hwy
AKM Proposal No. 01 -2249
E
Scope of Work
Project Design
0
Based on our investigation and research, AKM will prepare construction drawings and contract
specifications in the City's format. They will include the City's Standard specifications, contract
documents, detailed construction plans, technical specifications, and an itemized cost
estimate of the proposed work. The construction drawings will include:
• Title sheet, location drawing map, vicinity map, and signature blocks applicable to the
project (1 drawing):
• General notes sheets with appropriate general excavation, shoring and miscellaneous
notes and symbols and abbreviations (1 drawing);
• Plan and profile drawings (20- scale) for the installation of the water main, temporary
water (if required), hydrants, valves, appurtenances and utility lines, and related details
(5 drawings);
• Applicable steel pipe, corrosion, trench, pipe appurtenances, and connection details (3
drawings);
Total Drawings: 10 Drawings
Plan and profile drawings will be prepared at V -20' horizontal scale and 1 " =4' vertical scale.
All sheets shall be prepared under the direction of a California Registered Civil Engineer.
Each sheet shall include but not be limited to the following plan information: plan scale;
centerline pipe stationing at beginning or end of curves and at appurtenance locations;
bearing and distance on pipeline tangent; street centerlines; horizontal curve tables;
coordinates for all horizontal angle points; typical street cross sections; concrete curb and
gutter alignment on both sides of road; right -of -way lines and easement boundaries; detail
references; utility locations; north arrow and construction notes. All information on the plans
relating to existing street and other improvements shall be field verified by AKM to ensure
accuracy.
Pipeline profile information shall include, but not be limited to, the following information:
pipeline slopes and inverts; centerline stationing of grade breaks; pipeline diameter and
materials; grade over centerline of pipe; and appurtenance locations.
Details will be developed for all connections, corrosion protection and monitoring, and pipe
appurtenances. Where possible, the City standards will be utilized. Not included in our
proposal are vaults or other structures which may be desired for the installation of valves or
other pipeline related elements.
Specifications delineating project defined issues and technical requirements will be
prepared. The special provisions will describe special design and coordination features of
the project as well as provide requirements for materials, equipment, installation and
workmanship. A bid schedule will also be prepared, which will be broken out into sufficiently
CITY OF NEWPORT BEACH F -2
Dover Dr. 36" Zone 11 Water Main Replacement
8 Dover Dr. Street Rehabilitation -
Cliff Drive to West coast Hwy =
AKM Proposal No. 01 -2249 =
Scope of Work
E
detailed tasks to assist in evaluating the bids. City furnished contract, insurance and
standard specification documents will be included to complete the specification package.
Detailed construction cost estimates will be developed for each plan submittal to the City.
The estimates will incorporate price quotes from vendors, and will reflect the most recent
trends in construction pricing.
8. Traffic Control Plans
Subsequent to acceptance of the 50 percent pipeline drawings by the City, traffic control
plans will be prepared. The drawings will include project phasing as dictated by the City of
Newport Beach. The work will be conducted by Traffic Control Engineering, Inc. under the
direction of Mr. David Kuan. It is anticipated that Caltrans approval will be required for the
traffic control work. It is our understanding that processing of plans through Caltrans and
obtaining a Caltrans permit will be completed by the City.
9. Deliverables
We will prepare contract documents including bid proposals, specifications, special
provisions and final engineer's construction cost estimate in the latest version of MS Word.
All drawings will be provided in AutoCADD Release 2000 format upon completion of the
project.
We will also provide the City complete ink on mylar plans, on the City's approved standard
size sheets, with the City's standard title block format.
During the Design Phase, AKM will submit to the City, the following for review, comment,
approval and use:
Submittal Data
50% Plans, Specifications, Cost Estimate
100% Plans, Specifications, Cost Estimate
Final Original mylars (full size), specifications and cost estimate.
AKM principals will perform routine and final review of documents prior to signing to ensure
accuracy, conformance and integrity of all plans and specifications.
10. Construction Phase Services
AKM will be available to respond to questions during the bid and will prepare and
distribute addend, which may be required for the project. AKM will also respond to
construction issues as they are encountered. This includes field meetings, as
necessary. AKM will also review and process shop drawings submitted by the
contractor for the work.
CITY OF NEWPORT BEACH F -3
Dover Dr. 36" Zone 11 Water Main Replacement
& Dover Dr. Street Rehabilitation -
Cliff Drive to West Coast Hwy = Kr Al
AKM Proposal No. 01 -2249 =
0
Scope of Work
11. Record Drawings
AKM will prepare as -built drawings for the project based upon the City s redline construction
notes. The corrections will be made by hand on the projects mylar drawings and
electronically in AutoCADD Release 2000. Both, the hand modified mylars and electronic files
of the as -built drawings, will be submitted to the City.
12. Potholing
The City of Newport Beach will provide potholing as necessary for the project.
PAVEMENT REHABILITATION
100 Field Review
The Project Team will review the project in the field and take photographs of the potential
problem areas or items that need special attention. Particular emphasis will be given to
identifying areas where the median, sidewalk and curb and gutter is damaged and in need of
repair. All proposed reconstruction will be marked in the field for the City to review and
approve.
200 Utility Coordination
Information will be collected from all of the utility companies. Coordination with the utilities will
continue throughout the design of the project. A copy of the utility file will be provided to the
City.
300 Surve
The AKM Project Team will provide the necessary ground survey information required to
design the project including aerial topography, ground survey, and cross- section data. Cross -
sections will be taken at 50 -foot intervals for the length of the project from curb -to -curb.
Additionally, all key utility features located within the roadway will be surveyed, including those
appurtenances required for the reclaimed waterline design.
400 Street Improvement Plans
Street improvement plans will be prepared at 20 -scale using the topographic survey data and
record utility information for the base sheets. Appropriate joins will be provided at Cliff Drive
and Pacific Coast Highway. City staff has indicated that they will obtain the pertinent Caltrans
encroachment permits and approvals.
CITY OF NEWPORT BEACH F -4
Dover Dr. 36^ Zone 11 Water Main Replacement
& Dover Dr. Street Rehabilitation -
CIKf Drive to West Coast Hwy
AKM Proposal No. 01 -2249
0
Scope of Work
•
Throughout the design of the proposed improvements, a key issue will be to -develop
reasonable solutions, and only reconstruct those elements that are damaged. One of the
tools that AKM uses to evaluate impacts, in addition to the survey data, is photographs. The
Project Team begins the project by taking multiple pictures of each impacted area, writing a
description for each picture and then filing them into a small photo album. This album serves
as a constant reference and is invaluable when discussing specific issues at status meetings.
The exact limits of pavement and curb and gutter reconstruction will be determined based on
the survey data and visual field inspection. In all areas, the roadway profile and cross - section
will be checked to verify that drainage issues are addressed and that all existing catch basins
(especially at sumps) are functioning.
Based on the proposed pavement rehabilitation strategy for each reach of roadway, cross -
sections will be plotted at 15 -meter intervals. The proposed roadway cross -fall will be
evaluated to ensure that they are within an acceptable range.
More specifically, the following key issues will have to be addressed during the design on a
case -by -case basis. Although they will have to be evaluated in much more detail, we have
given a preliminary look at possible solutions to some of the design issues that will be
encountered.
Roadway Cross -Fall/ Drainage
Based on the proposed pavement rehabilitation strategy for each reach of roadway in
conjunction with the cross - section data, the proposed roadway cross -fall will be evaluated to
provide for cross -falls that are within an acceptable range. Given the existing vertical
constraints imposed by the outside curb and gutter, and in some instances the median curb
and gutter, there are not many options available for pavement rehabilitation strategies.
Cold- planing will be required in many areas to ensure a good join at the existing curb and
gutter. Hinge joints where required, will have to be carefully chosen to provide acceptable
driveability and to prevent excessive cross -fall in the curb lanes.
Damaged Curb. Gutter and Cross -Gutter
Based on field reviews, reaches of damaged sidewalk, median, and curb and gutter Witt be
identified and rehabilitation recommendations provided to the City. The areas where
reconstruction is required will be clearly identified on the plans. During our field review, if
settlement is noted (as currently appears to be the case on the west side of the street
adjacent to the existing catch basin where ponded water was observed), we send the survey
crews out a second time to provide detailed elevations at shorter intervals so that we isolate
the reaches where the curb and gutter has settled and only reconstruct where necessary.
CITY OF NEWPORT BEACH
Dover Dr. 36" Zone It Water Main Replacement
& Dover Dr. Street Rehabilitation -
Cliff Drive to West Coast Hwy
AKM Proposal No. 01 -2249
F -5
•
Scope of Work
9
500 Contract Documents _
Preliminary plans and cost estimates will be prepared and submitted to the City for review.
Based on feedback from the review and continual input from City staff, detailed construction
plans will be prepared. The anticipated number of sheets for the project is as follows:
Type of Plan Number of Sheets
Title 1
Typical Sections/Details 1
Street Plan and Profile (20- Scale) 3
Cross Sections 2
Total 7
Preliminary cost estimates will be prepared for the proposed improvements and included with
the first plan check submittal. Final construction cost estimates will be prepared based on the
final improvement plans.
Standard specifications will be prepared for the project based on the Standard Specifications
for Public Works Construction for roadway construction and based on Caltrans specifications
for traffic issues.
600 Meetings
Regularly scheduled meetings are a key to keeping projects on schedule, avoiding pitfalls, and
keeping the lines of communication open with the City so that surprises do not occur during
the final stages of the project. We have assumed two (2) meetings for this project.
700 Project Management / QA/QC
The Project Management task is directed at the organization, planning and control of the
Project Team. Activities include scheduling and monitoring of the project team, cost control
and an active quality control program.
In undertaking its assignments, AKM employs an "Integrated Project Management" approach
to deliver successful projects. The goal of the Integrated Project Management is to provide a
technically superior product on schedule and within budget. Integrated Project Management
commences with project identification, establishes a work program, and executes the project.
In this approach, the project management and internal quality control are very important
elements.
During project identification, the intent and purpose of the project are determined with
extensive interaction with the client. Thereupon, a work plan is established and a resource
loaded work breakdown structure and schedule are prepared. The schedule and work
breakdown structure are integrated with the special needs of the project and the client.
CITY OF NEWPORT BEACH F -6
Dover Dr. 36^ Zone 11 Water Main Replacement
& Dover Dr. Street Rehabilitation -
Clitf Drive to West Coast Hwy
AKM Proposal No. 01 -2249 -
•
Scope of Work
The project is executed by the technical staff. Quality Control function is carried out to provide
independent checking of the project and address constructability and biddability issues.
The project is regularly reviewed by the Project Manager who monitors progress against the
established work breakdown structure and schedule. Any technical difficulties, schedule slips
or previously unforeseen conditions are immediately recognized, quantified and addressed.
The status is reported to the client in regular project status reports. As a result, interactive,
responsive and proactive project management is utilized.
800 As -Build Plans
AKM will prepare as -built drawings for the project based upon the City's redline construction
notes. The corrections will be made by hand on the project's mylar drawings and
electronically in AutoCADD Release 2000. Both, the hand modified mylars and electronic files
of the as -built drawings, will be submitted to the City.
CITY OF NEWPORT BEACH F -7
Dover Dr. 36" Zone 11 Water Main Replacement
& Dover Dr. Street Rehabilitation -
Cliff Drive to West Coast Hwy
AKM Proposal No. 01 -2249
0
FEE ESTIMATE
CITYOF NEWPORT BEACH
Dover Drive Street Rehabilitation
January 30, 2001
Exhibit B
Task/Description
Project
Engineer
Assoc
Engineer
CADD
Office
Support
Sub
Consultant
Total
100 Field Review
41
4
$764
200 Utility Coordination
22
$382
300 Survey
2
$7,590
$7,816
400 Street Improvements
16
34
60
$8,540
500 Contract Documents
4
8
4
$1,236
600 Meetings
2
2
$382
700 PM /QA/QC
8
$904
800 Record Drawings
2
8
{
$770
Total Hours
40
50
68
4
Rate
$1131
$781
$68
$40
Labor Cost
$4,5201
$3,900
$4,6241
$1601
$13,204
Total Subconsultants
j
i $7,590
$7,590
Expenses
$200
$200
Total Cost
I
$20,994
AKM Proposal No. 01 -2249
Ll
i
;w
Exhibit C
FEE ESTIMATE
CITYOF NEWPORT BEACH
Dover Drive 36 -Inch Zone 11 Water Main Replacement
January 29, 2001
TasktDescri tion .'r':-
Project
Manager
Senior
Engineer
Associate
Engineer
Drafting
Office
Support
Sub
Consultant
Total
1 Kick -Off Meeting
4
8
12
20
$3,380
2 Project Meetings
6
6
4
$1,438
3 Research
8
16
$2,064
4 Geotechnical Investigation
2
2
$7,500
$7,926
5 Field Surveys
2
4
4
1
$942
6 Project Design
8
24
40
1001
161
$13,004
7 Traffic Control
2
2
$6,600
$7,026
8 Deliverables
2
2j
4
4
$822
9 Construction Phase Services
8
8
16
24
$4,384
10 Record Drawings
2
8
16
$1,776
Subtotal Tasks 1 -10
$42,762
11 Potholing (Optional)
2
2
2
$10,000
$10,584
Total Hours
36
68
98
1641
24I
Rate
$113
$100;
$791
$591
$4011
Labor Cost
$4,068
$6,800
$7,7421
$9,6761
$9601
$29,246
Total Subconsultants
$24,100
$24,100
Expenses
I
$2,000
Total Cost
1
J
1
$55,346
Included in Road Design Cost Spreadsheet
AKM Proposal No. 01 -2249